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(영문) 창원지방법원 2016.05.11 2015노2977
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unlimited and unfair.

2. A favorable circumstance is that the Defendant recognized all of the facts constituting the instant crime and reflected it.

However, the crime related to narcotics, etc. is likely to cause serious social harm due to its toxicity, and thus, it is necessary to strictize. The crime of this case is disadvantageous to the fact that the defendant kept the Mesatopists purchased to be administered, and even if he was punished three times for the same crime, he/she again committed the crime of this case during the period of repeated crime.

In full view of the aforementioned circumstances and other circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., various circumstances, which are the conditions for sentencing as indicated in the argument and the records of the instant case, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too unreasonable.

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.

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