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(영문) 창원지방법원 2014.09.25 2014노1616
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant is in a position to support his mother, the punishment imposed by the court below (one year of imprisonment, additional collection 102,00 won) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the crimes of this case is deemed to have been administered by the Defendant once, about 0.03 g of the Mepta (one philopon; hereinafter “philopon”) and smoked once, about 0.5 g of the hemp, and the case is not less than 0.18g of the philopon and about 0.14g of the philopon, and there is a significant risk of social harm and recidivism, and there is a history of punishment for the Defendant even in the past (five times of imprisonment and two times of suspension of the execution of imprisonment). In particular, on June 11, 2013, the Changwon District Court sentenced the Defendant to imprisonment with prison labor for the violation of the Act on the Control of Narcotics (fluoron) and the Act on the Control of Narcotics, etc., and there is no reason to view that the Defendant again committed the crime as a result of the Defendant’s oral argument and its execution of each of the crimes.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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