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(영문) 창원지방법원 2014.09.17 2014노1373
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of 400,000 won) is too unreasonable.

2. The instant crime was committed by the Defendant, who administered psychotropic drugs, and delivered them to another person without compensation. The Defendant recognized all of the instant crime and reflects it, and the Defendant did not have the same criminal record.

However, since the defendant committed the crime of this case during the period of probation, and the defendant committed the act of spreading it by delivering Mepta to another person free of charge, the nature of the crime is inferior, and the defendant was investigated by an investigative agency about the crime of Article 2014 high-level 376 criminal facts (1) of the judgment of August 27, 2013, and each crime of Article 2014 high-level 298 and high-level 376 (2) of the judgment of the investigative agency was committed again, and there are unfavorable circumstances, such as the defendant's age, character and environment, the circumstances after the crime of this case are not good, and considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and environment, the circumstances leading the defendant to the crime of this case, the means and result of the crime, etc., the 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 ground that it is without merit. It is so decided as per Disposition.

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