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(영문) 부산지방법원 2017.01.12 2016노1431
마약류관리에관한법률위반(향정)
Text

The part concerning Defendant B in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.

Defendant

B Imprisonment with prison labor for two years.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court [Defendant B: imprisonment with prison labor for one year, confiscation and collection (the first instance judgment), imprisonment with prison labor for one year and six months and collection (the second instance judgment), imprisonment with prison labor for two years and collection] is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant B’s ex officio, this Court tried by combining the appellate cases against the judgment of the court below. Each of the instant offenses against Defendant B is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the part concerning Defendant B among the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

3. The defendant's decision on the unfair argument of sentencing by the defendant A has been made more time in the first instance, and the defendant's mother has shown an attitude of opposing the mistake while making a confession of all crimes, and the defendant's mother desires to take the action against the defendant, etc. are favorable to the defendant.

However, the defendant had a total of 13 times criminal punishment including narcotics-related criminal records and two times (the five times among them was subject to the punishment for the severe punishment of the suspended sentence), the crime of this case was committed without being aware of the fact that the defendant himself/herself committed the crime of this case during the suspended sentence due to the crime of narcotics, and the defendant was also involved in the crime of selling philophones without being aware of the administration of philophones. The crime of narcotics is highly harmful to society, in particular, selling and delivering philophones, etc. to others, is likely to cause a crime related to narcotics by spreading narcotics, and the harm and injury is likely to be more severe punishment, even in the case of the crime of transferring cellular phone and deposit account access media, so it is highly likely that the crime of transferring philophones, etc. is likely to be abused for other crimes, and thus, serious punishment is required, and the defendant's age, sex, environment, environment, etc.

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