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(영문) 창원지방법원 2015.08.26 2015노1353

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment, 200,000 won) is too unreasonable.

2. The instant crime is deemed to have been committed by the Defendant by providing C with approximately 0.03 g of psychotropic drugs metrophones (hereinafter “conphones”), and administered approximately 0.03 g of conphones, and the Defendant recognized and reflected the instant crime.

However, the Defendant, who had the record of criminal disposition more than 10 times including the same criminal record and one time, has no change in circumstances that may be considered in the sentencing after the sentence of the lower judgment was rendered (the Defendant asserted that he/she was unable to perform his/her official duties in cooperation with the investigation of narcotics, but according to the materials submitted in the trial (the reply to the inquiry of facts), only stated that he/she was informed of the information from the “person who has reported the following name,” and it is insufficient to take the above materials into account as the sentencing materials for the Defendant).

In addition, considering the result of the application of the sentencing guidelines to the Supreme Court (the scope of recommending punishment: 10 months to 3 years) and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the lower court's punishment cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.