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(영문) 창원지방법원 2018.01.18 2017노2826

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The fact that the accused recognizes and reflects each of the crimes of this case, and that the accused will not repeat the crimes of this case in cooperation with the provision of information and arrest of a narcotic offender.

It is the circumstances favorable to the defendant, such as the fact that there are three children, the wife to support the defendant, and five-month children.

However, in light of the fact that the Defendant had been punished ten times for the commission of a drug-related crime (one time for punishment and nine times for punishment) and that the Defendant committed each of the instant crimes in the same kind since it was sentenced to ten months of imprisonment with prison labor for the same kind of crime on August 21, 2016 and the execution of the sentence was completed on August 21, 2016, and the Defendant committed each of the instant crimes in the same kind of crime in addition, since one year has not passed since the sentence was completed, and that the Defendant’s transfer to E without compensation is not a considerable amount of 0.63g

In full view of such circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable in light of the circumstances that are the conditions for sentencing as shown in the instant records and arguments.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.