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(영문) 창원지방법원 2015.11.19 2015노1958
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one hundred months of imprisonment, one million won of additional collection) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects the mistake when it comes to the trial, and that the judgment ought to take into account equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the violation of the Act on the Control of Narcotics, etc. (psychotropicism) and the latter part of Article

However, the crime of this case is not less than 1.6g of the Defendant’s Mepta in selling approximately one million won to the Defendant, and there is a significant social harm due to toxicity, and the Defendant has already been punished several times due to the same kind of crime, etc. Considering the circumstances unfavorable to the Defendant, although the Defendant reported to the investigation agency of narcotics, it is difficult to view the Defendant as a reason for special consideration in sentencing because it is found that the police is tracking the whereabouts of K. However, considering the balance with the criminal punishment for other crimes similar to the crime of this case, as well as the Defendant’s age, character, conduct, occupation and environment, family relationship, circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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