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(영문) 창원지방법원 2014.11.12 2014노2064
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. The crime of this case is a situation favorable to the defendant, where the defendant administered psychotropic drugs, and the defendant acknowledges and reflects the crime of this case, there is no criminal record punished beyond the fine, actively cooperates with the investigation by the investigation agency, and the family and scam of the defendant wanting to take the measures against the defendant.

However, the Defendant committed the instant crime even when he was punished by a fine for the same kind of crime in 2013, and the narcotics-related crimes are highly likely to cause serious harm to the individuals and society as well as to the general public due to their toxicity, and the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommending punishment: between October and two years] and other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, etc., it cannot be deemed that the Defendant’s sentence imposed by the lower court is too unreasonable, taking into account the following circumstances.

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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