logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.12.21 2016노2378
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, and 300,000 won of collection) is too unreasonable.

2. The circumstances are favorable to the Defendant’s recognition of all of the instant crimes at latest, and reflects the fact that the Defendant has a family member to support the Defendant, and the Defendant has cooperated with the investigation of narcotics, such as informing the investigation agency of the drug-related crimes.

However, each of the crimes of this case is an unfavorable circumstance where the Defendant, even though he is not a narcotics handler, sells the Metephopopic (one-time copic (one-time copic) once and administers the mecopic), and the quality of the crime is not good. The Defendant, even though he had been punished several times due to the same kind of crime, administered the mecopic, and sells and disseminate it to others.

In addition, since narcotics-related crimes are highly harmful to society and the risk of recidivism, it is necessary to strictly punish them.

Considering the above circumstances and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the judgment of the lower court cannot be deemed unreasonable to have exceeded or maintained the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair 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 ground that it is without merit. It is so decided as per Disposition.

arrow