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(영문) 창원지방법원 2014.07.02 2014노1024
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. The fact that the defendant voluntarily surrenders himself/herself to the judgment, and that his/her mistake and reflects are favorable to the defendant, but the defendant committed the crime of this case at the same time during the period of repeated crime resulting from the same criminal act several times in the past, and the court below seems to have fully considered the favorable circumstances for the defendant, and there is no change in circumstances that may vary from the judgment below and the punishment. The result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommending punishment: between 10 months and 2 years in prison, between 10 months in prison and 2 years in special imprisonment, the previous case as a special person, and the reason for mitigation] and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is inappropriate because it is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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