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(영문) 창원지방법원 2017.10.11 2017노1616
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court, under the circumstances favorable to the Defendant’s confession and rebuttal of each of the instant offenses, sentenced each of the instant offenses to narcotics in 208 and 2013; the Defendant committed each of the instant offenses during the period of the same repeated offense; the Defendant made a statement without probability; taking into account the unfavorable circumstances, taking into account the Defendant’s age, sexual behavior, environment, motive and means of the commission of the instant offense; and taking into account various factors of sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the instant offense, etc., the scope of the recommended punishment [the scope of the recommended punishment [the scope of punishment [the same type of punishment for which the execution was suspended for not more than three years: one year and three years, and one year to four years and six months according to the number of concurrent crimes] under the sentencing guidelines.

The grounds for unfair sentencing (a confession, reflectivity, background of crime, arrest process, etc.) alleged by the defendant and the grounds for unfair sentencing (such as the same type of crime, repeated crime, and attitude of probabilityless statement) alleged by the prosecutor by the prosecutor have already taken into account the circumstances or changed in the sentencing conditions in determining the punishment against the defendant.

Considering the above sentencing conditions, the sentence of the court below is too heavy or unbrupted so that it is difficult to recognize it.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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