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(영문) 창원지방법원 2018.05.17 2017노3659
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, one hundred thousand won of additional collection) on the summary of the reasons for appeal is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected the crime of this case, and that the health condition is not good is favorable.

However, the fact that the Defendant had eight criminal records of the same kind, even during the suspension of the execution period due to the crime of phiphone medication, once again administered phiphones, and narcotics-related crimes are inevitable for severe punishment in terms of social harm and risk of recidivism.

In addition, there is no special circumstance or change of circumstances that can be newly considered in the trial of the political party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances after the crime, and circumstances after the crime, the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

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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