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(영문) 창원지방법원 2014.08.14 2014노1174

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, additional collection of 200,000 won, and completion of sexual assault treatment programs) is too unreasonable.

2. Among the crimes of this case, there are some extenuating circumstances in light of the fact that the crime of larceny committed at night, in the course of each of the crimes of this case, the crime of larceny committed at night, was attempted to have a truth-control with a view to reducing the suffering from her disease, which was suffered by the defendant. The victim of larceny was returned, the victim of larceny does not want the punishment of the defendant, and the health of the defendant is not good.

However, narcotics-related crimes shall be considered as the circumstances unfavorable to the defendant, in light of the fact that there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment, the Defendant’s age, character and conduct, background, motive and circumstance of the crime, means and method of the crime, and the circumstances that form the conditions of the oral proceedings and the records of the crime in this case, including the following: (a) the victim of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes wishes to be punished; (b) the Defendant has a history of having been punished several times for the same crime (five times of imprisonment and four times of fines), four times of the crime related to larceny (two times of imprisonment, one time of suspended sentence of imprisonment, one time of fines), etc.; and (c) there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment; (d) the Defendant’s age, character and behavior, motive and circumstance of the crime; and (e) the means and method of the crime and method after the crime.

Therefore, the defendant's assertion is not accepted.

3. The Defendant’s appeal is without merit.