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(영문) 창원지방법원 2015.11.19 2015노1899
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is improper because the punishment imposed by the court below (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, the Defendant only had the record of having been punished several times as a crime of the same kind in the past, and the Defendant committed the instant crime even though he/she had been sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, etc. on December 12, 2013 on March 5, 2014 after the execution of the sentence was completed on March 5, 2014, taking into account the fact that he/she had committed the instant crime while committing a repeated crime, and that he/she had a considerable amount of phiphonephones without being subject to simple medication into consideration the circumstances unfavorable to the Defendant. In addition, taking into account the following circumstances, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the sentence of the lower judgment, it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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