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(영문) 창원지방법원 2016.08.17 2015노2859
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one hundred months of imprisonment, additional collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

The facts that the defendant led to the crime of this case, the defendant's simple medication of phiphonephones once, and the defendant's cooperation in the investigation of drug crimes are favorable circumstances.

On the other hand, narcotics-related crimes are highly harmful to society due to their toxicity, so it is necessary to strictize. The defendant has been punished several times for the same kind of crime (including marijuana-related crimes), and there is another crime during the suspended execution period for the same kind of crime.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and other circumstances that are conditions for sentencing, the punishment imposed by the lower court is too heavy or light.

shall not be deemed to exist.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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