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(영문) 창원지방법원 2015.05.27 2015노357
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of one year and two months, confiscation and collection) is undue.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, the fact that the defendant made an agreement with the victim of assault at the court below, each of the crimes of this case is favorable, each of the crimes of this case is that the defendant administered and possessed psychotropic drugs, and that the defendant committed assault against the victim with dangerous objects, and that there was no less criminal liability, and that the defendant committed each of the crimes of this case again even though he was punished several times due to the same or similar crimes in the past, and that there was no special reason to change the sentencing after the sentence of the court below was made, and that there was no reason to change the sentencing after the sentence of the court below, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one year to three years), and other conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and result of the crime, etc., it cannot be deemed that the sentence of the court below is excessively unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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