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(영문) 창원지방법원 2018.09.19 2018노1606
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have purchased or administered philophones as stated in the facts charged.

(b) Sentencing (the sentence of the court below: Imprisonment with prison labor for two years);

2. Determination

A. As to the assertion of mistake of facts, the Defendant also made the same assertion as the grounds for appeal, and the lower court rejected all of the above arguments by providing a detailed statement of the Defendant’s assertion and its judgment in the written judgment. Examining the judgment of the lower court in comparison with the evidential materials, the said judgment is justified.

The above assertion by the defendant is without merit.

B. As to the wrongful assertion of sentencing, the appellate court is reasonable to respect the judgment of sentencing of sentencing of the first instance in a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion.

2) The lower court rendered a sentence by taking into account the favorable circumstances, such as the Defendant’s age, sex, environment, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments, such as the fact that each of the instant crimes was not good, that the Defendant repeated the period of the same repeated crime, that the Defendant did not seriously reflect, that the Defendant attempted to conceal evidence after each of the instant crimes, and that the Defendant’s health was not very good.

The grounds for the court below's improper sentencing alleged by the defendant appear to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

This part of the defendant's assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so ordered.

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