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(영문) 창원지방법원 2017.12.14 2017노2961
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the penalty of 1 year and 6 months, 480,000 won) is too unreasonable.

2. One-time, the defendant's mistake is recognized and reflects the defendant, there are some circumstances to consider the motive leading to each of the crimes of this case, and the health is not good, but narcotics-related crimes need to be strictly punished not only for himself but also for himself due to high toxicity, and there are several times of records of punishment (one time of imprisonment with prison labor, one time of suspended execution, two times of suspended execution), one of the repeated crimes of the same kind, there is no change of circumstances to determine different punishment from the judgment of the court below, and all of the sentencing circumstances such as the defendant's age, sex, family relation, criminal records, motive, means, results, and circumstances after the crime are committed, it does not seem unfair because the sentence imposed by the court below is too excessive.

Defendant’s assertion is without merit.

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

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