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(영문) 창원지방법원 2019.03.28 2018노2806
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

While the Defendant reflects his mistake in depth, and the fact that the Defendant was in a single medication is favorable to the Defendant, while narcotics crimes need to be strictly punished as serious social harm caused by their toxicity. In particular, the Defendant committed the instant crime even though he was in the period of suspension of execution due to the violation of the Act on the Control of Narcotics, etc. (fence) and committed the instant crime, etc. that is disadvantageous to the Defendant.

The judgment below

There is no change in special circumstances or circumstances that can be newly considered in sentencing after the sentence, and in full view of all the sentencing circumstances, including the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the lower court does not seem to have exceeded the appropriate and reasonable scope of discretion.

Therefore, both prosecutor and defendant's arguments are rejected.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, 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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