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(영문) 창원지방법원 2014.12.10 2014노1994
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of 200,000 won) is too unreasonable in light of the gist of the grounds for appeal.

2. The instant crime was committed without compensation by the Defendant, even though the Defendant is not a person handling narcotics, and was administered by injecting the Mepta 0.03g of psychotropic drugs into the arms twice. As such, there are favorable circumstances such as the fact that the Defendant recognized the instant crime and reflects on the fact that the Defendant stated information on the recipient of narcotics at the investigation stage, and cooperating with the arrest of the narcotics offender.

However, the defendant has been punished for the same kind of crime in the past four times (including three times prior convictions). In particular, on March 24, 201, the Ulsan District Court sentenced 10 months to imprisonment for the same crime and completed the enforcement of the above sentence on November 26, 2011, and committed again the crime in this case during the repeated crime period. As a result of applying the sentencing guidelines of the Supreme Court Sentencing Committee, the recommendation type for the crime in this case is as follows: (a) between 10 months and 2 years (the previous sentence as a special offender). The court below made a relatively minor sentence within the scope of the above recommended sentence, taking full account of the favorable circumstances as seen above, taking into account the above favorable circumstances, it is difficult to view that the court below's allegation that the defendant's punishment is too unreasonable, considering all the conditions of the recording and sentencing indicated in this case, such as the defendant's age, character and behavior, environment, family relationship, circumstances leading the defendant to the crime in this case, the means and result of the crime, etc.

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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