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(영문) 창원지방법원 2015.03.19 2014노2815
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentencing of the court below (one hundred months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

2. The judgment of the defendant was based on the fact that the defendant was aware of the defendant's criminal investigation of other narcotics-related crimes, the arrest of the defendant was made by providing information to the defendant's wife during the period of special self-denunciation of narcotics, etc., and the fact that each of the crimes of this case was simply administered or possessed for administration, and that the defendant's health conditions are not good due to diseases between urology and ur

On the other hand, the defendant has been punished five times for the same crime, including three times of punishment, and in particular, the defendant committed each of the crimes of this case during the period of suspension of execution after being sentenced to the suspension of the execution of imprisonment due to the purchase and medication of Meptama.

Considering such circumstances and the criminal defendant’s age, character and conduct, environment, background and consequence of the crime, and the conditions of sentencing as shown in the pleadings, the scope of sentencing guidelines for sentencing imposed by the court below (one year or five years and six months of imprisonment with prison labor according to the guidelines for multiple crimes, and special aggravation (the same special aggravation factor) is somewhat lower than the lower limit for each crime, and thus, the defendant and prosecutor’s assertion cannot be accepted in entirety.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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