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(영문) 창원지방법원 2013.12.06 2013노1716

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, probation, and surcharge for 200,000 won) imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and reflected in the determination, the fact that the Defendant voluntarily surrendered with respect to the instant narcotics medication crime, and the fact that the Defendant agreed with the victim of the instant property damage crime.

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 had the past history of being subject to suspended sentence by administering narcotics, and that there is balance with criminal punishment for other crimes similar to the instant crimes, as well as all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crimes, and circumstances after the instant crimes, it cannot be deemed 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.