logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.05.18 2016노566
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the Defendant recognized the instant crime and reflects on the recognition of the instant crime, and that the instant crime ought to be considered in relation to the relationship between the crime of violation of the Act on the Control of Narcotics and other Narcotics, etc. for which the judgment has become final and conclusive and the single concurrent crime after Article 37 of the Criminal Act, and the equity with the case where the judgment

However, the crime of this case was committed by the Defendant, who delivered approximately 0.04 g of philophonephones to another person without compensation, and the liability for the crime is not weak, and even though the Defendant had had been punished several times for the same crime, the Defendant committed the crime of this case during the period of repeated crime.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.

Therefore, the defendant's argument of sentencing 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.

arrow