(영문) 창원지방법원 2016.04.20 2015노2959 | 리걸엔진

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(영문) 창원지방법원 2016.04.20 2015노2959

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of one hundred thousand won) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is favorable to the following: (a) the Defendant recognized all of the instant offenses; (b) the damaged thiefs were returned to the victim; (c) the Defendant’s amount of phiphones possessed by the Defendant was not much large; and (d) the Defendant’s seat manager arrested one of the phiphones in cooperation with the investigation of narcotics on behalf of the Defendant.

However, despite the fact that the defendant had been punished several times for the same crime, he/she committed the crime of possession and medication of the instant phiphones during the period of repeated crime, and agreed with the high-level Gun of the victim in relation to the theft crime of this case.

It is difficult to see that it is disadvantageous.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

In addition to the above circumstances, considering the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission [the scope of the recommended sentence [the special sentencing sentencing person [the person who has been subject to the same sentence and has been subject to the suspension of execution for not more than three years], and the defendant's age, sex, conduct, environment, motive and circumstance of the crime, means and circumstance of the crime, the means and consequence of the crime, etc., as well as the circumstances after the crime, it cannot be deemed that the sentencing judgment of the court below exceeded the reasonable limit of the discretion, or it is improper to maintain them as it is.

Therefore, the defendant's argument of sentencing is without merit.

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.

유사 판례

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