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(영문) 창원지방법원 2020.05.08 2019노2387
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (two years and six months of imprisonment, confiscation, and collection KRW 840,00) is too unreasonable.

2. The judgment of the Defendant, even though he had been punished for committing a crime of smugglinging a large quantity of philophones in the past, he possessed a large quantity of philophones for economic interest, and sold philophones twice and sold philophones for the purpose of economic interest. The case of the instant crime was serious; the amount of philophones possessed at the time of arrest of the Defendant was 60.93g, and all of the instant crimes were crimes committed during the period of repeated crime due to the same criminal offense; eight times of punishment and other criminal offenses of the same kind were committed several times.

On the other hand, there are favorable circumstances such as the fact that the defendant is against the wrong and weak, that the defendant has cooperatedd several times in the investigation of narcotics crimes, and that the family members and branch members of the defendant are protecting and leading the defendant.

In full view of such circumstances and all of the sentencing conditions as shown in the instant argument and the scope of the recommended sentencing guidelines, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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