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(영문) 창원지방법원 2016.02.04 2015노2887

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the decision of the court below is unfair because the punishment imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, since narcotics crimes have serious social harm caused by toxicity, it is necessary to strictize it, and the defendant has the record of punishment several times for the same kind of crimes in the past, considering the circumstances unfavorable to the defendant, and there is no special circumstance or circumstance newly considered in the sentencing after the decision of the court below. Considering the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., as well as various circumstances that form the conditions of the argument and the sentencing indicated in the records of this case, it is not recognized that the sentence imposed by the court below is too excessive and unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.