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(영문) 창원지방법원 2013.11.22 2013노1776
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant voluntarily surrenders himself/herself and reflects his/her mistake, etc.

However, not only the Defendant has been punished several times for the same crime, but also the Defendant repeatedly committed the instant crime from the lapse of 8 days after the completion of sentence execution due to the same crime, and the Defendant administered narcotics, but also delivered them to others. Considering the harm that narcotics have on society, it is necessary to strictly punish the Defendant, taking into account the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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