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(영문) 창원지방법원 2017.03.23 2017노166
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the punishment of imprisonment of one year and two months, the death penalty of 1 to 11, the additional collection of one hundred thousand won) is too unreasonable.

2. In light of the judgment, the facts that the defendant led to the confession of the crime are favorable reasons for sentencing, and the records of punishment for the same crime are more than 10 times and more than 9 times even if he was sentenced to severe punishment. Each of the crimes of this case is the same repeated crime, and the facts that all of the crimes of this case are the same repeated crime, and the amount of medication or possession is the considerable disadvantageous reasons for sentencing.

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. Accordingly, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and is so decided as per Disposition (in relation to the amount of additional collection, the Defendant possessed 0.03g gopon on October 19, 2016, and held 0.03g gopon on October 24, 2016. Since J was administered with the above 0.03g gopon on which the Defendant was born, the Defendant’s appeal differs from each other, and since the gopon administered with the gopon which the Defendant was born, the Defendant did not confiscate the gopon which the Defendant was guilty, and thus, the lower court did not err by misapprehending the lower court’s judgment that did not err by misapprehending 206gopon on June 11, 2009, 2081.

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