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(영문) 창원지방법원 2017.01.25 2016노3227
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and one hundred thousand won of additional collection) is too unreasonable, which is the gist of the grounds for appeal.

2. The fact that the defendant recognized all of the crimes of this case and reflected the mistake is favorable.

However, each of the crimes of this case is disadvantageous to the following: (a) the Defendant, even though he is not a narcotics handler, issued Mepta (one philopopon) twice and administered once; (b) the nature of the crime is not good; (c) the Defendant has been punished several times due to the same kind of crime; (d) the Defendant committed each of the crimes of this case during the period of repeated crime; and (e) the amount of philopon offered for each of the crimes of this case is not significant.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.

Therefore, the defendant's argument of sentencing 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 decided as per Disposition.

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