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(영문) 창원지방법원 2014.01.17 2013노1988
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and 1.2 million won for additional charges) that the court below sentenced to the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to confession and reflects the crime of this case, and cooperates in the relevant investigation.

However, considering the fact that the volume of narcotics delivered by the Defendant is not a large amount of volume, the need to punish narcotics-related crimes in terms of social harm and danger of recidivism, and that the Defendant has already been sentenced to imprisonment with prison labor many times, as well as the fact that the Defendant committed the instant crime within the short time after the completion of imprisonment with prison labor due to drug crimes, it is difficult to see that the risk of recidivism is also low, and in full view of the criminal punishment and equity with respect to other crimes similar to the instant crime, as well as the Defendant’s age, character and behavior, environment, motive and background of the instant crime, circumstances after the instant crime, etc., it is difficult to see that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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