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(영문) 창원지방법원 2017.03.16 2017노43

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the collection of 10,00 won by imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant made confession of the offense while committing the offense; (b) the Defendant cooperates with the investigation of the superior ships, etc.; and (c) the minor children to be supported are favorable grounds for sentencing; (d) the records of punishment for the same kind of offense have been sentenced four times; and (e) the facts that the instant offense is a same repeated offense are disadvantageous grounds for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments in this case, the lower court’s judgment’s punishment is deemed reasonable, and there is no circumstance to be newly considered in the trial. 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.