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(영문) 창원지방법원 2013.07.18 2013노875

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment and one hundred thousand won of collection) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. It is recognized that the Defendant committed the instant crime again during the period of repeated crime even though he/she had been punished by imprisonment with prison labor, suspension of execution and fine several times due to the same type of crime, etc., and the Defendant had been punished by a fine due to the same type of crime during the period of repeated crime, etc.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and divided the Defendant’s mistake in depth; and (b) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime; and (c) the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed reasonable; and (b) it is not deemed that the sentence imposed by the Defendant is too heavy or too unreasonable; and (c)

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