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(영문) 창원지방법원 2014.05.28 2014노764
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and one hundred thousand won of additional collection) is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant voluntarily surrenders himself/herself to the judgment and recognized his/her mistake, the defendant has been punished for the same kind of crime several times in the past. In particular, on February 21, 2013, the Busan District Court sentenced him/her to imprisonment on the same kind of crime on December 25, 2013, and committed the instant crime without being aware of the fact that he/she committed the instant crime in spite of the completion of the enforcement of punishment on December 25, 2013. As a result of the application of the sentencing guidelines of the Supreme Court Sentencing Commission, the scope of recommending the defendant is between 10 months and 2 years (the previous case as a person with a special sentencing, the previous case as well as the reasons for mitigation). The court below determined the punishment within the above recommended range, taking into account the above favorable sentencing factors, considering the defendant's age, character and behavior, environment, motive, motive, means and consequence of the crime, circumstances after the crime and the records of this case, the defendant's assertion is unreasonable.

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

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