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(영문) 창원지방법원 2014.11.19 2014노2078
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a punishment of eight months of imprisonment, confiscation, additional collection of one hundred thousand won) is too unreasonable.

2. The instant crime was committed by the Defendant, even though the Defendant is not a person handling narcotics, and is in possession of the psychotropic drugs, and there are favorable circumstances such as the Defendant’s recognition of and rebuttal against the instant crime, and the Defendant’s information to the investigation agency about the narcotics offender, and cooperation with the arrest of a large quantity of Mepters holding a large quantity of Mepta.

However, the defendant has been punished for the same kind of crime in the past, the defendant committed the crime in this case during the period of repeated crime, and as a result of the application of the sentencing guidelines of the Sentencing Commission, the recommending punishment for the violation of the Narcotics Control Act in the course of six months to three years and three months (the "important investigation cooperation" as a special sentencing factor) shall be considered, and the sentencing guidelines for two crimes shall be applied to the recommended punishment for the violation of the Narcotics Control Act (one half to one half (one year and six months), and the maximum recommended punishment shall be added). The court below made a relatively minor sentence of eight months within the scope of the above recommended punishment, taking full account of the favorable circumstances as seen above, and the court below made a relatively minor sentence of eight months within the scope of the above recommended punishment; the defendant's age, character and behavior, environment, family relationship, circumstances leading to the defendant to the crime in this case, how the defendant committed the crime in this case, and the means and result of the crime in this case and the sentencing specified in the records and arguments in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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