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(영문) 창원지방법원 2017.10.12 2017노1779
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution, observation of protection, 40 hours lecture attendance order, 100,000 won additional collection) is too unreasonable.

2. Although there are favorable sentencing grounds, such as the following facts: (a) the defendant made a confession of a crime; (b) the confession of a crime is one-time medication; (c) the fact that the defendant voluntarily surrenders to the investigative agency after medication; and (d) the fact that there was no criminal record of the same kind in the last five years; (b) the suspension of indictment was imposed twice the same suspension of indictment; and (c) considering all unfavorable sentencing grounds, such as the defendant’s age, family relation, economic situation; (d) the background and motive leading to the crime; and (e) other matters on the sentencing as indicated in the records and arguments of this case, the punishment of the court below is deemed appropriate; and (e) there is no change in circumstances to be considered

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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