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(영문) 창원지방법원 2014.11.12 2014노1831

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one hundred months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. The instant crime was committed on or around June 18, 2014 by the Defendant, and was administered with psychotropic drugs, and there are favorable circumstances such as recognizing and reflecting the instant crime.

However, it is recognized that the Defendant had been punished three times for narcotics-related crimes in the past, but again committed the instant crime. As a result of the application of the sentencing guidelines by the Sentencing Commission, the Defendant was sentenced to 10 months imprisonment, which is the lowest limit of the above recommendation punishment, by fully taking into account the favorable circumstances as seen earlier; the Defendant’s age, character and environment, personality and conduct, family relationship, circumstances leading the Defendant to the instant crime, means and consequence of the instant crime; and the Defendant’s argument cannot be deemed unreasonable, considering all of the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, family relationship, circumstances leading to the instant crime; and the means and consequence of the instant

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