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(영문) 부산지방법원 2016.10.07 2016노2526
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. However, the fact that the defendant made a confession of the crime of this case and reflects his depth of his mistake; the fact of the crime of this case as indicated in the judgment of the court below seems to have been voluntarily present at an investigative agency and voluntarily surrenders to the crime of paragraph (3) of Article 52 of the Criminal Act; the self-denunciation as stated in Article 52 (1) of the Criminal Act includes the case where the defendant voluntarily appeared at an investigative agency after the commission of the crime and voluntarily declared his intention to prosecute the crime; as long as the number of persons is formed, the effect of the self-denunciation becomes conclusive; and as long as the crime is established, the number of persons who were committed by the investigative agency or the court to deny the crime after the reversal of the crime becomes final and conclusive. However, even if an investigative agency's report was voluntarily denied, if the contents of the report do not meet the requirements for the establishment of the crime, it is not possible to establish new number of persons who were present at the time of the subsequent investigation or trial (see, e.g., Supreme Court Decision 2003Do131394, Jan., 204).

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