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(영문) 창원지방법원 2020.04.09 2019노2223
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, confiscation, and collection) imposed by the court below is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognizes and reflects the instant crime, and express the intent of short-term treatment and treatment.

It is also recognized that the defendant has contributed to arresting narcotics offenders in cooperation with narcotics investigation by the defendant.

However, despite the fact that the defendant had been punished several times for the same crime, it is not good that the defendant has committed the crime of this case without being aware of it during the period of repeated crime due to the same crime.

In addition, comprehensively taking account of the Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime and the result thereof, etc., the sentence imposed by the lower court cannot be deemed unfair because it goes beyond the proper and reasonable scope of discretion.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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