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(영문) 창원지방법원 2018.12.20 2018노2059
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and additional collection) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized his mistake and reflects his mistake, and that the defendant was only about the administration once.

However, narcotics crimes are highly harmful to society due to their toxicity and need to be punished strictly, and the defendant has been punished for the past three times, and in particular, even if the defendant committed the crime of this case even though he had been under the suspension of execution due to the violation of the Act on the Control of Narcotics, etc., the fact that the crime of this case was committed at the same time shall be considered disadvantageously, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the sentence of the court below, and in full view of the following circumstances, including the defendant's age, sex, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is unfair because it is too excessive.

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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