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(영문) 창원지방법원 2017.11.23 2017노2319
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the penalty of 10,00 won shall be collected in 30,000 won) is too unreasonable.

2. In light of the judgment, although the defendant was unable to engage in the crime of this case, he was able to commit the crime of this case, reflects his mistake in depth, cooperate with the investigation, and there is a mother to support, it is recognized that narcotics crimes are not easy to detect, but have high risk of recidivism and high negative impact on society as a whole, and there is a history that the defendant has been punished twice for the same crime, including one suspended sentence of imprisonment with prison labor, and there is no change in circumstances that may vary between the court below and the court below, it is reasonable that the defendant is sentenced to a sentence that is lower than D, and the defendant is not subject to a sentence that is lower than D, because there is a difference between the facts charged with D and the reasons for overall sentencing.

In addition, considering the defendant's age, sex, environment, family relation, economic situation, background and motive of committing the crime, and all other matters on the sentencing as shown in the records and arguments of this case, the punishment of the court below is deemed appropriate, and 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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