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(영문) 창원지방법원 2017.11.22 2017노2351
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, under favorable circumstances in favor of the Defendant’s cooperation in the investigation of other narcotics, took into account the fact that the Defendant committed a second offense during the period of suspension of execution due to the same criminal record, and took into account the Defendant’s age, sex, environment, motive and means of the crime, circumstances after the crime, etc., and determined the sentence within the recommended sentencing range (no. 10 months) according to the sentencing guidelines.

The defendant asserts in the trial that confessions and reflects as an unfair reason for sentencing, that the crime was discovered by the report of the mother-child, that cooperations in the investigation of narcotics, and that the supporting family's livelihood is difficult. In full view of the materials indicated in the records, including the statement of the witness H in the trial, the circumstance alleged by the defendant is partially recognized.

However, the above circumstances have already been considered or changed in sentencing conditions in determining the sentence against the defendant by the court below.

Considering the above sentencing conditions, the sentence of the court below is too unreasonable because it is too large within the reasonable scope of discretion.

Defendant

The argument is without merit.

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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