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(영문) 창원지방법원 2015.01.21 2014노2612

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 (a prison term of two months, confiscation, collection 100,000 won) is too unreasonable.

2. The instant crime was committed in favor of the Defendant, even though the Defendant is not a person handling narcotics, and was administered by injecting 2.92 g of psychotropic drugs to arms and selling 0.03 g of Mepta, and the Defendant recognized the instant crime and reflects it, and the Defendant voluntarily surrendered at an investigative agency to commit the instant crime.

However, on July 19, 2012, the defendant had been punished for the same kind of crime six times in the past, and in particular, after having been sentenced to imprisonment for the same crime at the Busan District Court on July 19, 2012, the execution of the above sentence was completed on August 16, 2013 and again committed the crime in this case during the repeated crime period. As a result of applying the sentencing guidelines of the Supreme Court Sentencing Commission, the recommending punishment for the crime in this case is as follows: (i) the punishment for the crime in this case is between one year and four years (the previous sentence as a special person, the previous sentence, the number of persons). The court below made a relatively minor punishment within the scope of the above recommended punishment, taking full account of the favorable circumstances as seen earlier; (ii) the defendant's age, character and conduct, environment, family relationship, circumstances leading the defendant to the crime in this case; and (iii) the method and result of the crime, etc., it is difficult to see that the sentence imposed by the court below is too 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.