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(영문) 창원지방법원 2018.05.09 2017노3597
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. On May 15, 2014, the Seoul Northern District Court sentenced the Defendant to imprisonment with prison labor for one year and six months for the same crime, and completed the enforcement of the above sentence on June 26, 2015, and even if it had committed a repeated crime due to the termination of the enforcement of the above sentence, the Defendant committed the instant crime, taking into account the circumstances favorable to the Defendant’s treatment and protection necessity for the addiction crime, and the Defendant’s support for the unmarried and old age, as well as other factors favorable to the Defendant’s criminal history, age, sex, environment, motive and means of the crime, and circumstances after the crime, etc., and determined the sentence by taking into account various sentencing conditions as shown in the record and pleading.

The grounds for unfair sentencing (such as the confession and reflect of the defendant, the support for the mother of the aged, etc.) alleged by the defendant appears to have been due to the fact that the court below had already considered in determining the punishment for the defendant, and that the above conditions of sentencing have changed in the trial court.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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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