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(영문) 창원지방법원 2015.09.17 2015노1438

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year and two months of imprisonment, confiscation, collection 100,00 won) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. The judgment-related crime of narcotics is recognized as committing the instant crime even if the crime was committed for a repeated crime after having been sentenced to one year by imprisonment for a crime of violation of the Act on the Control of Narcotics, Etc. on April 8, 2014, in particular, it is recognized that the Defendant committed the instant crime even if he/she had been committed for a repeated crime after having completed the execution of the sentence on February 11, 2015.

However, considering the following circumstances: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) there is no good condition of health due to urology, etc.; and (c) there is intent to put the patient under hospital treatment in 2007 and 2008; and (d) there is no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment; and (b) other circumstances that form the conditions for the instant argument and the sentencing as indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime; and (c) the circumstance after the crime was committed, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.