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(영문) 창원지방법원 2018.01.11 2017노3165
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the original judgment (an additional collection of one year and four months, one hundred thousand won) on the summary of the reasons for appeal, the defendant is too unafford, and the prosecutor is too unafford and thus unfair.

2. The judgment is based on the following circumstances: (a) the Defendant led to the confession of his own crime; (b) the Defendant has no record of criminal punishment in the Republic of Korea; (c) narcotics-related crimes need to be strictly punished not only to himself/herself but also to the public due to high toxicity; (d) the victim of the instant special injury is suffering from injury, such as knife knife and snife with 6 weeks fnife at knife; (c) the victim of the instant special injury was bad; (d) the victim was not recovered from damage; and (e) the victim was not agreed with the victim.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

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

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