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(영문) 창원지방법원 2014.11.19 2014노2251
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and two months of imprisonment, confiscation, additional collection KRW 100,000) is excessively unreasonable.

2. The instant crime was committed by the Defendant, even though the Defendant is not a person handling narcotics, he administered 0.03 g of merpters, and possessed 19.39 g of merpters in plastic bags. The Defendant, along with other accomplices, installed 40 g of the game machine in the game room from July 4, 2009 to July 8, 2009, exchanged 10% of the result of the game obtained by customers using the said game room after deducting 10% of the commission. As such, there are favorable circumstances such as the Defendant recognized all of the instant crime, and the Defendant’s violation of the Game Industry Promotion Act, and there was no record of punishment as a violation of the former Game Industry Promotion Act.

However, the defendant has been punished for a crime related to narcotics in the past, and in light of the ordinary volume of medication (0.03g), if the defendant's possession, the number of persons can be administered once more, and the amount is not much. The crime related to illegal game room business, such as the crime of this case, is considered to be inevitable in light of social harm and harm, such as encouraging the general public's spirit of gambling and undermining his will to work, and thus, it is recognized that the serious punishment is inevitable. As a result of the application of the sentencing guidelines of the sentencing guidelines of the Supreme Court Sentencing Commission, the recommendation for the crime of violation of the Narcotics Control Act shall be made from 10 to 3 years [in addition, 1/2 (1 year) of the maximum recommended sentence to the violation of the Narcotics Control Act by applying the sentencing guidelines of the Supreme Court Sentencing Commission Sentencing Commission Sentencing, the court below is relatively less than 1 year and 2 years, taking full account of the punishment of the violation of the Act in favor of the normal circumstances and the Game Industry Promotion Act.

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