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(영문) 창원지방법원 2017.11.02 2017노1631
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and two months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances, such as the fact that the defendant recognizes and reflects the crime and that the defendant's health condition (C-type hepatitis, etc.) is not good;

On the other hand, the Defendant had been sentenced to three times of suspended sentence and two times of imprisonment for narcotics crimes, and the Defendant committed the same offense in the same kind with four months of imprisonment and four months of imprisonment for a drug crime, which is disadvantageous to the Defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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