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(영문) 창원지방법원 2018.07.18 2018노749
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. The lower court, under the circumstances unfavorable to the Defendant, rendered a sentence by taking into account the following factors: (a) the Defendant’s confession of the crime of this case; (b) the Defendant requires treatment and assistance for the addiction crime; and (c) the Defendant is under divorce proceedings and has dependents; and (d) other factors of sentencing as shown in the records and arguments, including the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime; and (b) circumstances after the crime.

The grounds for unfair sentencing (the background of the instant crime, the reflectivity of the Defendant’s family, the health condition of the Defendant’s family, economic difficulty, etc.) alleged by the Defendant appears to have been sufficiently considered in determining the sentence against the Defendant, and the above conditions of sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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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