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(영문) 창원지방법원 2017.11.29 2017노2815
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined that: (a) the person was a repeated offender of the same kind; (b) the person before and after the same sentence was committed three times, and had no record of medication.

B was sentenced within the range of recommended punishment in consideration of the favorable circumstances for the recognition of crimes and the reflection of crimes, and the provision of simple medication and the equivalent provision, under the conditions favorable to them, under the unfavorable circumstances, the sentence was determined within the scope of recommended punishment according to the sentencing guidelines.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The defendant has made great efforts to return to society by acquiring a variety of certificates of scoo-related scood's license after release, and M& or N couple has been able to believe and cause damage to the defendant and make it possible for the defendant to engage in the work related to Scood's scoo. However, the defendant's recidivism and scood's scood's scood's scood's scood's scood's scood'

In addition, the defendant has lost his parent when he lost his parent, but he believed and helps the defendant to live without committing a second offense even though he thought that the defendant and the married couple have tried to do so.

It is recognized that there are many other things.

However, such circumstance alone led to a significant change in the sentencing conditions (the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc.) set forth earlier.

It is difficult to evaluate the above sentencing, and considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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