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(영문) 창원지방법원 2015.01.29 2014노2656
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant cooperates with the investigation agency for narcotics-related crimes, the sentence imposed by the court below (one year and six months of imprisonment, confiscation, and collection KRW 1.6 million) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes is: (a) during the period from the end of June of 2012 to November 28, 2013, the Defendant sold Mepters (one philopon; hereinafter referred to as the “philopon”) three times to C and E; (b) deliver two instances of philopon to G without compensation; (c) administer one philopon; and (d) possess approximately 11.78g in total of philopon over two occasions; (c) drug-related crimes are not easy; (d) the Defendant had a history of having been punished seven times of imprisonment with prison labor for a drug-related crime; and (e) the Defendant’s statement that the Defendant committed the instant crime after having been sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on January 18, 201; and (e) the Defendant’s statement that the Defendant committed the instant crime and the Defendant’s allegation that had been sentenced to imprisonment for each of the same offense.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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