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(영문) 창원지방법원 2018.05.16 2018노637
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for ten months);

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime committed during the period of suspension of execution; (b) the escape after the commencement of the investigation; (c) the escape of the Defendant and the attendance after the suspension of execution; (d) the Defendant attempted to conceal evidence; and (e) cooperation in the investigation, such as the confession of the Defendant; and (e) reporting the cococar’s smuggling; and (e) taking into account the circumstances favorable to the Defendant’s health; and (e) taking into account various sentencing

The grounds for the improper sentencing alleged by the Defendant (such as the background of the instant crime, the circumstance that the Defendant appeared after the commencement of the investigation or after the appearance of time after the commencement of the investigation, the Defendant’s health condition, etc.) appears to have been sufficiently considered in determining the sentence against the Defendant, and the above conditions of sentencing changed in the trial at the trial above.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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