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(영문) 창원지방법원 2014.11.12 2014노1580

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of eight months, additional collection of one hundred thousand won) is too unreasonable.

2. The instant crime was committed on or around May 1, 2014 by the Defendant, who administered psychotropic drugs, and was favorable to the Defendant, such as recognizing and reflecting the instant crime.

However, the defendant was sentenced to imprisonment with prison labor for the same kind of crime on September 21, 201 at the Changwon District Court was sentenced to 10 months of suspended sentence, and the defendant again committed the crime in this case despite the fact that he had been sentenced to 2 years of suspended sentence on September 21, 201. As a result of the application of the sentencing guidelines by the Sentencing Commission, the defendant recommended the crime in this case from 1 year to 3 years of imprisonment (the defendant was referred to as the "previous Department" as a special imprisonment with prison labor for 3 years (the special imprisonment with prison labor for 3 years or more), and the court below sentenced 8 months of imprisonment with prison labor for 1 year or less, which is the lowest sentence of the above recommended sentence (the defendant's statement by the investigative agency on personal information of the narcotics recipient is considered as a special imprisonment with prison labor for 10 months or more, and it is difficult to view the defendant's age and character, the defendant's family relationship and environment, the circumstances leading the defendant to the crime in this case and its argument are unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.