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(영문) 창원지방법원 2018.09.12 2018노1264
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for ten months);

2. The judgment below held that the defendant reflects the defendant's mistake in depth and is likely to not repeat again in the future, the defendant's contact with the investigative agency after the crime was self-denunciation, the fact that he was taken to simple medication without participating in the manufacture or distribution of phiphones, the fact that the defendant was in a position to care for three children neglected after the divorce, and the fact that the defendant is in a friendly relationship with the defendant who is currently reporting his children and is not healthy due to various diseases, as well as to avoid the body and mind of the individual, it is difficult to detect the crime in light of its characteristics, and there is a high risk of repeating the crime, and there is a significant negative impact on the society as a whole due to toxicness, etc., and the defendant has already been sentenced 4 times as well as 7 times a total or punished by imprisonment for the same crime, and there is no reason to believe that the defendant's punishment is too less than 1 year, and there is no reason to reverse the crime and no reason to reverse the crime again.

The grounds for the sentencing unfair alleged by the defendant (the fact that the defendant recognized all of the crimes in this case, the defendant discovered a philophone and then caused the crime in this case by making a timely wrong judgment, and the defendant's dependent, economic situation, etc.) are the punishment against the defendant.

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