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(영문) 창원지방법원 2013.10.24 2013노1573
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment and one hundred thousand won of additional collection charges) so as to be too unreasonable.

2. The judgment of the court below is recognized that the defendant's time to commit the instant crime and reflects the fact that the phiphone medication was conducted once, but there is a criminal record that the defendant was subject to suspended execution or punishment for the same kind of crime; on December 12, 2012, the defendant was sentenced to two years of suspended execution of imprisonment for the same crime on March 5, 2013 and was sentenced to two years of suspended execution on March 5, 2013; although the judgment became final and conclusive on March 12, 2013, he again committed the instant crime for ten days or more, in full view of the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, etc., and all of the sentencing conditions as shown in the records and arguments, and thus, it is not recognized that the sentence imposed by the court below is reasonable and unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case 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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