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(영문) 창원지방법원 2016.06.21 2016노636

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 (two years of suspended execution, one year of observation of protection, one year of community service, and one hundred and twenty thousand additional collection) is too unreasonable.

2. In light of the judgment, the fact that the defendant led to the confession of the crime, and that there was no criminal record exceeding the same kind of criminal record or fine is a favorable reason for sentencing, and the fact that the narcotics-related crime has a great harm to society due to its toxicity is a reason for sentencing disadvantageous to the society.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and 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.