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(영문) 창원지방법원 2016.01.07 2015노2109

마약류관리에관한법률위반(향정)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment imposed by the lower court (one year of imprisonment, additional collection) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.

2. It is recognized that the Defendant recognized his mistake and reflects his mistake, and that he administered phiphones for the purpose of relaxing pains by video, and that there are some aspects to consider the motive for the crime.

However, the Defendant committed the instant crime even when he/she was sentenced to one year of a suspended sentence on February 12, 2014 for the crime of violation of the Narcotics Control Act, which was sentenced to two years of a suspended sentence on February 20, 2014, which became final and conclusive on February 20, 2014. Narcotics crimes are serious social harm caused by toxicity, and thus, it is necessary to strictize it. The Defendant’s past crime of violation of the Punishment of Violences, etc. Act, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Building Industry, and violation of the Act on the Promotion of Game Industry. In addition, considering the following circumstances and circumstances, the Defendant’s age, sex, environment, motive, means and method of the instant crime, and circumstances after the crime, it cannot be deemed unreasonable or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.