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(영문) 창원지방법원 2015.05.14 2015노494
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is improper because the punishment imposed by the court below (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his or her misunderstanding, and that the defendant has a family member to support the defendant.

However, the crime of this case is a case where the defendant administered 0.05 g of philophones using a one-time injection device, and the defendant committed the crime of this case even though he had committed a repeated crime due to the same kind of crime, and the defendant had the record of punishment several times for the same kind of crime in the past, etc., considering the circumstances unfavorable to the defendant, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and in full view of the following circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it is excessively excessive.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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