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(영문) 창원지방법원 2014.11.19 2014노2201
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection) imposed by the court below on the defendant is too unreasonable.

2. The instant crime was committed by the Defendant, who administered psychotropic drugs, and the Defendant recognized the instant crime and against the wrongness thereof, and the Defendant’s family members want to find the Defendant’s wife against the Defendant. At the time of the arrest of the instant case, the Defendant, following the fall accident, was cut down due to the fall accident, and the Defendant’s health is not good at the present time after receiving a pressure-saving surgery on June 12, 2013.

However, on June 30, 201, the Defendant was sentenced to eight months of imprisonment for the same kind of crime at the Suwon District Court on November 2, 2011 and subsequently committed the instant crime on November 2, 201 when the enforcement of the sentence was completed, and at the same time, the Defendant committed the instant crime. Narcotics-related crimes are highly likely to cause serious harm to the society as well as the relevant individuals due to their toxicity, and society as a whole. As a result of the application of the sentencing guidelines by the Sentencing Commission (the scope of recommending punishment: between October and two years), the Defendant’s age, character and behavior, environment, background, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed that the Defendant’s sentence imposed by the lower court is unreasonable, taking full account of the various circumstances that form the conditions of sentencing as shown in the instant records and pleadings, such as the record and arguments,

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

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