(영문) 창원지방법원 2017.02.08 2016노2357 | 리걸엔진

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(영문) 창원지방법원 2017.02.08 2016노2357

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a punishment of three years of imprisonment, additional collection of 3.9 million won) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the Defendant’s family members, such as: (a) the Defendant’s recognition of all of each of the instant crimes, and the Defendant’s failure to repeat the crime, (b) the amount of damage caused by the fraudulent crime, (c) the amount of KRW 500,000 for the U.S. in the first instance, and (d) the Defendant’s family members want to have a preference against the Defendant.

However, each of the crimes of this case is that the defendant, even though he is not a narcotics handler, sells or delivers the merpt amba (one gramphone) at a total of 11 times, assaults the victim U, assaults the victim in collusion with other accomplices, assaults the victim I with the vehicle by deceiving AM, and obtains the victim I by delivery, and the crime is not good, and the defendant has been punished several times for the crime related to narcotics, and the defendant committed each of the crimes of this case during the period of repeated crime due to violence, such as drug sale, and the defendant supplied and spread the ambaphone to eight persons, and the sum of the ambaphones provided for such crime reaches about 20g, and the defendant committed again the crime related to narcotics without being aware of the fact that he was arrested and released through a restraint review.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

Considering the above circumstances and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain it as it is.

Therefore, it is true.

유사 판례

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