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(영문) 창원지방법원 2015.02.11 2014노2984
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of one hundred thousand won) is too unreasonable.

2. The instant crime is determined by the following circumstances: (a) the Defendant administered psychotropic drugs, even though the Defendant is not a person handling narcotics; and (b) the Defendant recognized the instant crime and reflects it.

However, the defendant has been punished for the same kind of crime in the past two times, and in particular, committed the crime in this case during the repeated crime period due to the same crime, as a result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court, the recommended punishment for the crime in this case is between October and two years, and the court below sentenced the defendant to a relatively minor imprisonment within the scope of the above recommended punishment, taking full account of the favorable circumstances as seen earlier, and considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances leading to the defendant's crime in this case, the means and consequence of the crime in this case, it is difficult to view that the sentence

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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