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(영문) 창원지방법원 2016.06.16 2016노813

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. In light of the judgment, the facts that the defendant led to the confession of the crime are favorable reasons for sentencing, and the defendant has been punished for the same kind of crime four times, in particular, the crime of this case was committed during the repeated crime period due to the same kind of crime, and the fact that narcotics-related crimes are highly harmful to society due to their toxicity is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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