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(영문) 창원지방법원 2014.08.14 2014노1020
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, confiscation and collection KRW 800,000) is too unreasonable.

2. The circumstances favorable to the defendant are that considerable amount of philophones received by the defendant was seized at the site, that the defendant cooperationd in the investigation into narcotics over several occasions, and that the defendant reflects his mistake.

However, in light of the fact that narcotics-related crimes are harmful to society, the risk of recidivism, the fact that the defendant was in possession of approximately nine million won of a penphonephone at the time that he was arrested, and that each of the crimes of this case was committed during the period of repeated crime, and the fact that the defendant had been punished three times for the same crime (two times of imprisonment and one time of suspended execution of imprisonment) was committed under the unfavorable circumstances of the defendant, and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument and the record of this case, it is not recognized that the punishment imposed by the court below is excessively unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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