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(영문) 창원지방법원 2014.03.20 2013노2473

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one hundred thousand won imprisonment and one hundred thousand won additional collection) is too unreasonable in the summary of the grounds for appeal.

2. We can take into account the following circumstances: (a) the Defendant’s mistake reflects in depth on the grounds for appeal; and (b) the Defendant’s health is not good due to ururology, etc.

However, the defendant has been punished three times for the same crime (one time for imprisonment, suspension of execution, and fine); in particular, the punishment of a fine was imposed on February 13, 2012 by the defendant on the beginning of a repeated crime of imprisonment with prison labor; each of the instant crimes was committed within two months from the date of the sentence of a fine; and the period of a repeated crime against imprisonment with prison labor is still being committed; the court below sentenced the lower limit of the sentencing range in light of the circumstances favorable to the defendant, and there is no special change in the circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below; the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed; thus, the defendant's assertion is not accepted. Accordingly, the defendant's assertion is unreasonable since it is too inappropriate to accept the defendant's punishment imposed by the court below, taking into account various circumstances that form the conditions of the argument and the record of the crime of this case.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.