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(영문) 창원지방법원 2016.08.24 2016노1113
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one hundred months of imprisonment and collection) shall be too unreasonable in light of the gist of the grounds for appeal.

2. The facts that the Defendant recognized all of the instant crimes and reflected, and that the Defendant did not have any record of punishment for narcotics-related crimes for about nine years after around 2007, and that it appears that the Defendant’s health status is not good.

However, narcotics-related crimes are highly harmful to society due to their toxicity, so it is necessary to strictize. At the time of arrest of the defendant as the crime of this case, the defendant was in possession of approximately 0.5g philophones at the time of arrest, and the defendant had the record of being punished for the same crime, but again committed the crime of this case.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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