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(영문) 창원지방법원 2014.07.16 2014노1132
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and one hundred thousand won of additional collection) is too unreasonable.

2. The fact that the defendant voluntarily surrenders to the judgment, and recognized and reflected his mistake is favorable to the defendant.

However, in the past, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. on November 11, 2013 in the Changwon District Court's Masan branch on January 9, 2013, and committed the instant crime in spite of the fact that the enforcement of the sentence was completed on November 11, 2013. The lower court appears to have determined the sentence by fully taking into account the circumstances favorable to the Defendant, and there is no change of circumstances that may vary from the lower judgment and the sentence. The result of the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee (the scope of recommending punishment: between 10 and 2 years, between 10 and 2 years of imprisonment with prison labor, the previous case as a special person (the reason for mitigation), the number of persons (the reason for mitigation), and other various circumstances that form the conditions for the sentencing specified in the records and arguments of this case, such as the Defendant's age, character and behavior, environment, and circumstances after the crime, it cannot be deemed that the sentence is too unfair.

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

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