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(영문) 창원지방법원 2016.04.20 2016노364
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years and six months, confiscation, and collection) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the fact that the defendant recognized his mistake and reflects the fact that there is no record of punishment for the same kind of crime, and that all philophones in possession of the defendant are seized and not distributed.

However, crimes related to narcotics, etc., such as the serious social harm caused by toxicity, and the fact that the amount of philophones possessed by the defendant is very large of 200.3g and was possessed for the purpose of distributing it, are disadvantageous circumstances.

In full view of the above circumstances and other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., various circumstances, which are the conditions for sentencing as shown in the arguments and records of this case, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, the punishment of the

shall not be deemed to exist.

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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