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(영문) 창원지방법원 2017.11.23 2017노1511
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the fact that the Defendant: (a) administered the Mepta (i.e., a single philopon; hereinafter “philopon”); (b) carried a small amount of philopon that is not less than 8g; and (c) the Defendant was punished four times due to a drug-related crime (two times of suspended execution and two times of suspended sentence); and (d) in particular, the Defendant was sentenced to one year of imprisonment for the same kind of crime on February 10, 2015 and was serving as a repeated offender on September 1, 2015 after the execution of the sentence was completed; (b) the Defendant committed the instant crime of the same kind of crime at approximately one year thereafter; and (c) in light of the fact that the Defendant was sentenced to a sentence of sentence on the Defendant is inevitable.

However, the defendant's recognition and reflection of each of the crimes of this case, and notification of the drug-related persons known to him/her, etc. shall not be cut down and reoff again in the future.

In full view of the various circumstances, such as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., and the sentencing conditions specified in the instant records and arguments, it is not determined that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and 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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