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(영문) 창원지방법원 2015.12.10 2015노2253

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is improper because the punishment imposed by the court below (one year and six months of imprisonment, and confiscation) is too unreasonable.

(A) The Defendant’s defense counsel asserted that the Defendant had no intention to possess philophones in the summary of his oral argument on November 26, 2015. However, this cannot be viewed as a legitimate ground for appeal since the Defendant newly raised a new argument after the lapse of the period for submitting an appellate brief, although the Defendant’s defense counsel asserted that he had no intention to possess philophones.

However, there are no significant social harm caused by drug crimes, and the defendant has been punished several times for the same kind of crimes, and the defendant was sentenced to imprisonment with prison labor and six months on November 18, 201 for the violation of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. on or after the completion of the sentence on December 31, 2014, taking into account the fact that the defendant committed the crime of this case even though he/she had committed a repeated crime as a result of the completion of the sentence on or before December 31, 2014 into account the circumstances unfavorable to the defendant. In addition, the court below did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc.,

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.