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(영문) 창원지방법원 2013.09.12 2013노949
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Seized No. 1.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: imprisonment of two years, confiscation and collection, the imprisonment of one year, confiscation and collection) is too unreasonable.

2. Determination

A. It is recognized that Defendant A’s suicide, Defendant A’s perception of all of the crimes of this case, and that Defendant A reflects his mistake.

However, Defendant A has been punished by imprisonment, suspension of execution, and fine on several occasions for the same kind of crime, such as the sale and good offices of Meteptians, and Defendant A repeatedly committed each of the instant crimes during the period of repeated crime; Defendant A repeatedly committed each of the instant crimes of the same kind during the period of repeated crime; and comprehensively reviewed various sentencing conditions on the instant arguments, such as Defendant A’s age, character, conduct, intelligence and environment, motive and background of the crime, means, methods, methods and results of the crime, criminal record relationship, and circumstances before and after the crime, etc., the sentence imposed by the lower court against Defendant A is too unreasonable. Thus, Defendant A’s assertion of unfair sentencing is groundless

B. It is recognized that Defendant B had been punished by imprisonment, suspension of execution, and fine on several occasions due to the same kind of crime, etc.

However, in full view of the following circumstances: (a) Defendant B recognized each of the instant offenses, thereby infringing on his own mistake; (b) reported each of the instant offenses by Defendant B, by Defendant C, who is a living woman of Defendant B, was aware of the occurrence of each of the instant offenses; (c) Defendant B actively cooperated in the investigation to arrest another narcotics offender; (d) Defendant B again cooperates with the investigation to avoid committing a crime related to the administration of merpta, and (e) Defendant B is taking supervision over the treatment of Defendant B; (c) Defendant B, who is a living woman, is not healthy; (d) Defendant B’s health; and (e) other factors such as Defendant B’s age, character and behavior, intelligence and environment, motive, method, method, and consequence of the instant offense; and (e) the circumstances before and after the commission of the offense.

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