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(영문) 창원지방법원 2016.03.17 2015노3095
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one year and two months of imprisonment, three years of suspended execution, protection observation, community service 200 hours, 40 hours of pharmacologic treatment, 200, additional collection 200,000 won) is unfair because it is too uneasible.

2. The circumstances favorable to the defendant include the fact that the defendant confessions and reflects the criminal facts of this case, the fact that he cooperates in the investigation of narcotics by providing information on other narcotics-related crimes to an investigation agency, and the fact that the defendant lives in custody for more than three months, and reflects the wrongness.

However, the Defendant had a lot of records of punishment for narcotics crimes, traffic crimes, etc. (in particular, ① been sentenced to imprisonment for 8 months or 208 under the Act on the Control of Narcotics, Etc., and was sentenced to a suspended sentence for 208 and sentenced to a fine for assault and bodily injury during the suspended period, but was sentenced to a violation of the Act on the Control of Narcotics, etc., ② was sentenced to a fine for 1 year or more, and committed the crime of assault in 2012, which appears within the repeated offense period, but was sentenced to a fine for 2012, even though the Defendant was sentenced to a punishment for committing the crime of assault in this case, even though he was sentenced to a punishment for committing the crime of larceny, fraud after being sentenced to a punishment for committing the crime of larceny, and even if he was sentenced to a fine for committing the crime of larceny in this case, the Defendant was sentenced to a punishment for committing the crime of larceny in this case by force or causing the Defendant to commit the crime of larceny in this case to operate the police phone at night without being able to 5 meters or more.

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