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(영문) 창원지방법원 2015.04.23 2015노256
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (one hundred months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the judgment defendant recognized his mistake and reflects his mistake, voluntarily surrenders to some crimes, and cooperates in the investigation of narcotics crimes, and has family members to support the defendant.

However, the crime of this case is a case where the defendant administered phiphones twice. The defendant was sentenced to imprisonment with prison labor for 4 months and a fine of 3 million won on October 12, 2012 due to the violation of the Road Traffic Act (unlicensed Driving) on or before the sentence of the above imprisonment on February 9, 2013, and committed the crime of this case even though he had been punished for repeated crimes on or after the execution of the above imprisonment was completed, and the defendant had the record of being punished several times as narcotics crimes. The defendant has the record of punishment as to larceny, violation of the Road Traffic Act, violation of the Punishment of Violences, etc. Act, violation of the Act on the Punishment of Violence, etc., at night, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, obstruction of Execution of Official Duties, etc. The court below's decision is not found to be improper, taking into account the circumstances or circumstances that are newly considered in sentencing after the sentence of the court below.

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. It is so decided as per Disposition.

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