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(영문) 창원지방법원 2016.05.18 2015노2662

마약류관리에관한법률위반(향정)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and ten months of imprisonment, and additional collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The facts that the judgment defendant led to the confession of the crime of this case and reflects on the crime are favorable.

On the other hand, narcotics-related crimes need to be strict because of their serious social harm caused by their toxicity, and there are many records of punishment for the same kind of crime, and one year has not passed since the execution of sentence sentenced to the same kind of crime was completed, and the crime of this case was committed and provided to others beyond the simple administration.

In full view of the above circumstances and the Defendant’s age, sex, family environment, motive and circumstance of the crime, various circumstances, including the means and consequence of the crime, etc., as well as the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the punishment imposed by the court below is too heavy or less.

shall not be deemed to exist.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.