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(영문) 창원지방법원 2015.11.11 2015노2276
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year and two months of imprisonment, confiscation, additional collection of 200,000 won) is too unreasonable.

2. The Defendant provided E with approximately 0.03 g of psychotropic drugs metacopon (hereinafter “copon”), administered approximately 0.03g of opononon in a single-use injection machine, melting them in a single-use injection machine, and in a single-use injection device containing approximately 0.56g of oponon, and stored two in a single-use injection machine containing approximately 0.56g of oponon, and driven a vehicle without a driver’s license at approximately 150 meters, the Defendant recognized the instant crime.

However, the defendant has been subject to criminal disposition not less than 10 times, including the same criminal record [the crime of violation of the Act on the Control of Narcotics, etc. (fence: one time, the crime of violation of the Road Traffic Act (non-licensed driving): three times)], provided a philopon to another person without being subject to medication, and the amount of philopon in his possession is not much

In addition, considering the fact that there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment, together with the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be deemed that the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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