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(영문) 창원지방법원 2016.11.30 2016노2186
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is a favorable condition that the defendant recognized all of the crimes of this case and reflected against the defendant, and that the defendant's branch want to find the defendant's wife.

However, the crime of this case is a situation that the defendant sells philophonephones twice, administered once, possessed 1.14 g and the nature of the crime is not good, narcotics-related crimes are serious social harm due to their toxicity, so it is necessary to be strict, and the defendant has a record of being punished for the same kind of crime around 2008.

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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