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(영문) 창원지방법원 2017.11.29 2017노2754
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined a sentence within the scope of the sentencing criteria by taking account of the favorable circumstances, such as the fact that the person is a repeated offender of the same kind, the fact that the person is not only a simple medication, the fact that the person is not only the person who supplies narcotics, the fact that the criminal records of the same kind are several times, and the fact that the person

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

Considering the fact that the defendant suffers from a core disease and that the health is not good, the sentencing conditions mentioned above have been significantly changed in the trial.

It is difficult to see that the sentence of the court below is unfair because it is too unreasonable in light of the fact that the number of philophones handled and the fact that the above sentencing was taken into account.

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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