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(영문) 창원지방법원 2018.07.18 2018노573
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for ten months);

2. The lower court determined that: (a) considering the extenuating circumstances that the Defendant’s criminal history of narcotics was seven times, and two months have not passed since the execution of the sentence was completed by sentence for narcotics crimes; and (b) taking account of the Defendant’s criminal history, age, sex, environment, motive and means of the crime; and (c) taking into account various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime was committed.

The grounds for sentencing unfair (the fact that the defendant is against the crime of this case, the defendant's cooperation in the investigation of narcotics, the defendant's health condition, economic difficulty, etc.) alleged by the defendant are shown to have been sufficiently considered in determining the punishment against the defendant. Even if considering the fact that the defendant cooperates with the investigation of narcotics for a certain portion, the sentence of the court below is reasonable within the reasonable scope of discretion, considering the above factors of sentencing.

Defendant’s assertion 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.

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