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(영문) 창원지방법원 2018.05.25 2018노494
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing based on the summary of the grounds for appeal (the sentence of the lower court: imprisonment with prison labor for a year and six months; a fine of five million won; and the Defendant, at the first trial date of the first trial of the lower court, dismissed the legal doctrine and the assertion of mental or physical disorder)

2. The appellate court’s judgment is reasonable to respect the first-class sentencing judgment in a case where there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.

The fact that there are several criminal records for the defendant, that the crime of this case is committed during the period of repeated crime due to the same crime is disadvantageous to the defendant, that the defendant recognizes all the criminal facts, and that the damage to the actual victim has been restored is favorable to the defendant.

As above, taking into account the circumstances unfavorable or favorable to the defendant, comprehensively taking into account the defendant’s age, sex, environment, background leading up to the crime, means and consequence, etc., the sentence of the court below cannot be deemed to be unfair due to excessive circumstances.

Unlike the fact that the sentencing conditions have been changed in the court;

There are no circumstances to see.

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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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