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(영문) 창원지방법원 2014.09.18 2014노1015
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not less than four months, and the decision No. 6 shall be made.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is too unreasonable, because the punishment (4 months of imprisonment with prison labor for each of the crimes of paragraphs 1 through 5 above and 6 to 12 below) declared by the court below is too unreasonable.

2. The judgment-related crime of narcotics is highly harmful to the society due to toxicity; the Defendant provided Rophonephones to D who live together with his/her female on October 2012; the Defendant directly administered them; around May 16, 2013; around November 8, 2013; and around March 17, 2014, after receiving each phiphones, provided some of them to D; the Defendant provided the remainder to D; the Defendant re-driving without a license on March 18, 2014 during the suspension period as a crime of violation of the Road Traffic Act (unlicensed Driving). The Defendant already committed a drug-related crime on two occasions (one fine, two times the suspension of the execution of imprisonment), and the Road Traffic Act (unlicensed Driving). In light of the fact that each of the instant crimes was again punished, it is necessary for the Defendant to impose severe punishment.

However, in light of all the circumstances, such as the defendant's age, character and behavior, occupation and environment, family relationship, circumstances after the crime of this case, etc., and the conditions for sentencing as shown in the records and arguments, the sentence imposed by the court below is somewhat unreasonable, and thus, it is recognized that the sentence imposed by the defendant is unreasonable, considering all the circumstances, such as the defendant's age, character and behavior, occupation and environment, family relationship, and circumstances after the crime of this case, and the sentencing as shown in the records and arguments.

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