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(영문) 창원지방법원 2016.04.21 2015노2721
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 (the imprisonment of 10 months, confiscation, collection 100,000 won) is too unreasonable.

2. In light of the judgment, the fact that the defendant led to the confession of the crime, cooperation with the investigation of the narcotics offender is a favorable reason for sentencing, and that the defendant was punished four times for the same crime, in particular, the crime of this case was committed during the repeated crime period due to the same crime, and that the narcotics-related crime was highly harmful to society due to its toxicity is a reason for sentencing disadvantageous to society.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the 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 decided as per Disposition.

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