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(영문) 창원지방법원 2016.04.06 2016노88
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (one year and two months, confiscation, collection 100,000 won) is too unreasonable.

2. The judgment is favorable to the Defendant’s recognition of all of the instant crimes, and the Defendant’s de facto marriage spouse is an rare disease, and the Defendant’s family members want to leave the Defendant’s wife.

However, even though the defendant did not have a large amount of philophones possessed by him and had a record of being punished several times for the same kind of crime, the fact that the defendant committed each of the crimes of this case during the period of repeated crime is disadvantageous.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.

Therefore, the defendant's argument of 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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