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(영문) 창원지방법원 2013.03.28 2013노155
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the health status of the defendant is not good, that the defendant's leakage or couple's health is in a position where the defendant should care for the her green crys due to the crypance of the defendant's health, that it is against the depth, and that the defendant does not repeat a crime, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Even if there are circumstances asserted by the Defendant, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Changwon District Court branch on July 28, 2011, and completed the execution of the sentence on May 26, 2012, and thus, was under repeated period at the time of the instant crime. The Defendant committed the instant crime since 1998, even though he had several records of punishment (e.g., four times imprisonment and two times suspension of the execution of imprisonment with labor) as the same crime, not more than six months after he was released as above. In full view of all the circumstances, including the character, conduct and environment of the Defendant, the background and result of the instant crime, and the circumstances after the instant crime, etc., the Defendant’s assertion is without merit. Therefore, it is not reasonable to deem that the Defendant’s sentence imposed by the lower court is unreasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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