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(영문) 창원지방법원 2016.11.09 2016노1228
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, and additional collection) is too unreasonable.

2. The judgment of the defendant recognized all the criminal facts of this case and reflects the criminal facts of this case, and it is favorable for the defendant to receive self-sufficiency in the crimes related to narcotics.

However, the crime of this case is an unfavorable circumstance where the defendant, who was sentenced to a punishment for violation of the Act on the Control of Narcotics, etc. (a crime of violation of the Act on the Control of Narcotics, etc.) and was confined to an original prison, inflicted an injury upon the victim, who is an inmate in the same ward, in need of medical treatment for at least six months. After the execution of the above sentence was completed, the administration of phiphonephones is not good, and the crime is not good, and the defendant has been sentenced several times of punishment for crimes related to narcotics, and the defendant has not agreed with the victim of the crime

In addition, narcotics-related crimes have serious social harm caused by their toxicity, so it is necessary to strictize.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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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