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(영문) 창원지방법원 2013.07.25 2013노831

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the crime of this case while the defendant was committed under the full custody of the defendant, he voluntarily surrenders to the investigative agency after being transferred, the defendant's wife and two children are faced with support by his wife and two children, and the defendant's blurity is against the defendant, it is unreasonable that the sentence imposed by the court below (one hundred months of imprisonment and one hundred thousand won of additional collection) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the instant crime was committed on November 18, 201, when the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on August 1, 2011 and was sentenced to ten months by this court, and was committed on August 1, 2012 during the period of repeated crime, even though one month has not passed since the execution of the said punishment was completed, the Defendant has several records of punishment (two times imprisonment with prison labor and two times the suspended execution of imprisonment with prison labor) for the same or similar crime in the past, and other circumstances that form the conditions for sentencing as shown in the Defendant’s records, such as the character, conduct and environment, etc., the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.