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(영문) 창원지방법원 2015.01.28 2014노2461

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of KRW 900,00) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed by the Defendant, even though the Defendant is not a person handling narcotics, given and received psychotropic drugs, and administered them, and there are favorable circumstances such as recognizing and reflecting the instant crime.

However, since the defendant has been punished for the same kind of crime in the past, and the defendant has committed several acts of delivering merpta to others without compensation and spreading it, there is a disadvantageous circumstance such as poor quality of the crime.

As a result of applying the sentencing guidelines of the Supreme Court Sentencing, the recommended punishment for the instant crime is between 10 months and 2 years, and the court below rendered a relatively minor one year of imprisonment to the Defendant within the scope of the above recommended punishment, taking full account of the favorable circumstances as seen earlier, considering the following factors: the Defendant’s age, character and conduct and environment, family relationship, circumstances leading the Defendant to the instant crime, the circumstances leading to the Defendant to the instant crime, and the means and consequence of the instant crime, etc., the sentence imposed by the court below is too unreasonable, and it is difficult to view

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.