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(영문) 창원지방법원 2015.09.23 2015노1890
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal argues to the effect that, as the punishment imposed by the lower court (ten months of imprisonment) is too unreasonable, the public prosecutor asserts to the effect that the sentence imposed by the lower court is too unhued and unreasonable.

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

The circumstances favorable to the defendant include the confession and reflect of the defendant, the fact that the defendant wants to leave the defendant's wife by agreement with the victims, and the fact that the defendant does not have any criminal record related to narcotics after around 2006 are favorable to the defendant.

Meanwhile, in the past, the Defendant had been punished several times for the same and similar crimes related to violence and narcotics, and the Defendant again committed each of the crimes of this case even during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act, a deadly weapon, etc.) as indicated in the judgment below.

Considering the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (at least 10 months of imprisonment) and the fact that there is no special reason to change the sentencing after the sentence of the lower judgment, and other various conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., such as the circumstances after the crime, it cannot be deemed that the sentence of the lower court is too

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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