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(영문) 창원지방법원 2017.09.06 2017노1507

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, in light of the circumstances favorable to the Defendant’s confession and reflection of the instant crime, took into account the fact that the Defendant had committed a criminal offense of the same kind for five (5) years ago, and taking into account the frequency of medication, Defendant’s age, sexual conduct, environment, motive and means of the instant crime, circumstances after the instant crime, etc., and determined the sentencing guidelines within the scope of recommended sentences (aggravated increase of multiple offenses: 10 months to 3 years) according to the sentencing guidelines (a period of imprisonment, 1 year and 2 months).

The reason for the improper sentencing (such as reflectivity, dependents, criminal history, etc.) alleged by the defendant was already considered by the court below in determining the punishment against the defendant or changes in the sentencing conditions.

Considering the above sentencing conditions, the sentence of the court below is too unreasonable because it is too large within the reasonable scope of discretion.

Defendant

The argument 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.