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(영문) 창원지방법원 2015.03.11 2015노131
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment, confiscation, collection 10,000 won) is too unreasonable.

2. The crime of this case, even though the defendant is not a narcotics handler, is administered with psychotropic drugs, and the defendant is a disabled person of Grade III in the mental retardation and recognizes and reflects the crime of this case, etc., which are favorable to the defendant.

(3) In light of the records and arguments of this case, it is difficult to see that the sentence imposed by the court below is unfair, considering the following circumstances: (a) the defendant alleged that he had the intention of voluntary and active treatment of drug addiction; (b) however, the defendant has the past criminal history of having been punished more than 16 times in total, including 10 times of sentence for the same kind of crime; and (c) the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court (the scope of recommendation on the violation of the Narcotics Control Act: between 1 and 3 years; (d) the period of punishment on the violation of the Act on the Control of Narcotics, etc.; and (e) the defendant's age, character and behavior and environment; (e) the motive for committing the crime; and (e)

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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