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(영문) 창원지방법원 2018.01.11 2017노2949
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a 1 year of imprisonment, confiscation, additional collection of 100,000 won) is too unreasonable.

2. The judgment is based on the following facts: although it is recognized that the defendant led to confession and reflects on his own crime, the defendant has been punished three times (two times of imprisonment with prison labor, and one time of suspended execution) for the same crime; the defendant committed each of the crimes of this case again within five months after the execution of imprisonment with prison labor for the same kind of crime was completed; the amount of personal phiphonephones is significant; the crime related to narcotics requires strict punishment as well as the harm to the society due to high toxicity; the crime related to narcotics has no change of circumstances that may vary from the judgment of the court below at the trial; the defendant's age, sex, family relation, criminal records, motive, means, results, and circumstances after the crime are considered, it does not seem unfair since the sentence imposed by the court below is too excessive.

Defendant’s assertion is without merit.

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 ordered as per Disposition.

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