(영문) 창원지방법원 2017.02.16 2016노2556 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2017.02.16 2016노2556

마약류관리에관한법률위반(향정)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant asserts that the punishment imposed by the court below (two years of imprisonment, confiscation, and collection 200,000 won) is too unreasonable, and that the prosecutor is too unfied and unfair.

2. The judgment that the Defendant led to the confession of the crime and reflects on the fact of the crime, and that the Defendant expressed information on the upper line that supplied the penphones held at the time of the crime on August 27, 2015, and provided information on the place where the hemp is cultivated even after being detained, so that three persons of the narcotics criminal investigation authorities actively cooperate in the investigation of narcotics are arrested, etc. are favorable to the Defendant.

However, the crime related to narcotics, etc. causes serious harm to individuals and society and requires strict punishment. The Defendant had the record of criminal punishment up to nine times including seven times of punishment for the crime related to narcotics, etc., and repeated each of the crimes in this case even though it was committed during the period of repeated crimes. In particular, the Defendant again committed the crime of using self-copon medication on August 27, 2015 after the indictment was instituted for the crime of medication and possession of self-copon medication on May 16, 2016. The Defendant possessed for the purpose of selling 10.07g coponphonephones for over 300 times the simple medication. The Defendant failed to repay any damage in relation to the crime of breach of trust in this case, and was unable to agree with the victim and the Defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is with merit.

유사 판례

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