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(영문) 창원지방법원 2019.03.27 2018노2652
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, confiscation, and collection) of the lower court is too unreasonable.

2. The lower court, under the circumstances unfavorable to the Defendant, committed each of the instant offenses during the period of repeated crimes after the Defendant was sentenced to a punishment for narcotics crimes, determined a sentence by taking account of the Defendant’s age, character and conduct, motive and means of the crime, circumstances after the crime, etc., as well as various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, motive and means of the crime, and circumstances after the crime.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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