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(영문) 창원지방법원 2013.10.02 2013노903

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment and one hundred thousand won of additional collection charges) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected against the Defendant, and that the Defendant’s health condition appears to be not good, etc. are favorable to the Defendant.

However, in light of the fact that narcotics-related crimes are not good in terms of social harm and risk of recidivism, and that the Defendant was already punished several times for the same kind of crime, and that the Defendant committed the instant crime without being aware of it even though it was a repeated crime due to the same crime, as well as the criminal punishment for other crimes similar to the instant crime, equity with the criminal punishment for other crimes similar to the instant crime, as well as the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant crimes, and circumstances after the instant crimes, it is difficult to view that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.