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(영문) 창원지방법원 2018.01.17 2017노2292
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence lower than the lower limit of the recommended sentence based on the sentencing guidelines, taking into account the following circumstances: (a) under which the suspended sentence was revoked due to the instant crime; (b) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (c) the sentencing conditions, including the circumstances after the commission of the crime, were determined to be lower than the lower limit of the recommended sentence based on the sentencing guidelines.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The fact that the Defendant, as the most weak and most weak after 1998, has faithfully raised two children as a camping player (a statutory statement by the witness G of the trial court), is recognized, but considering all these circumstances, the lower court’s sentence cannot be deemed unfair because the lower court’s sentence is too unreasonable, as long as the lower court’s sentence is lower than the lower limit of the recommended sentence on the sentencing guidelines.

Unlike others, the sentencing conditions mentioned above have been changed in the trial of the party.

There are no circumstances to see.

Therefore, the defendant's assertion is without merit.

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

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