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(영문) 창원지방법원 2017.10.26 2017노2057
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (the punishment of imprisonment of one year and six months, the weight of 1,200 won, and the additional collection of 10,000 won) of the judgment below.

2. Determination: (a) Although there are favorable sentencing grounds, such as the fact that the defendant is making a confession of the crime, the fact that the court below agreed with the victim of the crime of destruction of property, the fact that the investigative agency informed the merchant party of the fact that there is a family member to support, the court below held that the punishment of the court below is appropriate, and there are no changes in the circumstances of the defendant's assertion that the defendant is not reasonable, since he again committed the same kind of crime at 3,40 days after he was sentenced to 1 year and six months since the execution of punishment was completed due to the violation of the Narcotics Control Act and the crime of destruction of property. (b) the amount of the penphone in possession is not large; (c) the degree of damage is heavy; (d) violence, including attempted murder; (d) violence, business obstruction and damage of property; and (e) eight times of previous convictions, including the fact that the defendant's age, family status, economic situation, circumstances and motive leading to the crime; and (d) other records and arguments on changes in property.

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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