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(영문) 창원지방법원 2014.05.29 2014노136

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following facts: (a) the Defendant confessions and reflects the gist of the grounds for appeal; and (b) the Defendant provided active cooperation in investigation by informing the investigative agency of the fact that the Defendant, such as reporting the main text of the appeal to the Defendant, etc., the punishment imposed by the lower court (one year and two months of imprisonment, confiscation, and collection KRW 4.1 million) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes committed by the Defendant in collusion with C, selling approximately 15 ghopphones twice, selling approximately 0.03 gopphones on one occasion, and the relevant case is not less than 0.03g. Narcotics-related crimes are serious criminal with social harm and risk of recidivism, and there are records (three times of imprisonment and one time of the suspension of the execution of imprisonment with prison labor) having been punished several times as a crime of violating the Act on the Control of Narcotics, Etc. in the past, and in particular, on March 17, 2011, the Changwon District Court sentenced the Defendant on 1 year and six months in prison, and completed the execution of the sentence on April 29, 2012, and again commits each of the instant crimes during the period of the same crime, and the Defendant’s environment and character, and the circumstances and results of each of the instant crimes, etc., and thus, the lower court’s assertion that the Defendant’s punishment was unreasonable after considering all the following circumstances and arguments.

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