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(영문) 창원지방법원 2013.07.18 2013노618
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant gets off narcotics, etc., the punishment sentenced by the court below (one year and six months of imprisonment, additional collection of 100,000 won, and confiscation) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the Defendant had been punished several times for the same or similar crime (eight times of imprisonment) in the past; the instant crime committed by the Defendant on September 27, 2012 after having been sentenced to six months to imprisonment for the same crime at the Busan District Court on September 27, 2012 and having completed the execution of the sentence on October 17, 2012, and committed only four months even during the period of repeated crime. The instant crime was committed by the Defendant on one occasion, and the instant crime was committed by the Defendant only once, and the instant case was committed by the Defendant holding 0.16 g of philopon (hereinafter referred to as “philopon”), taking into account all the circumstances that constituted the conditions of sentencing as shown in the records and arguments, such as the character, conduct and environment of the Defendant, the sentence imposed by the lower court is unreasonable. Therefore, the foregoing Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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