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(영문) 창원지방법원 2014.02.18 2013노2317
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the confession and reflect of the defendant; (b) the defendant life in good faith for two years after release; (c) the defendant informed the investigative agency of the person who recommended narcotics to be subject to criminal punishment; and (d) the defendant provided a single medication of the Megatototy (hereinafter referred to as the "philopon"); (c) the defendant provided a single medication at the request of people in the surrounding area; (d) the husband of the defendant was in the form of urology, and the defendant was in the location of raising his grandchildren and grandchildren; and (e) the defendant is in the location of raising his grandchildren and grandchildren. In light of the above, the punishment (one year of imprisonment and one hundred thousand won of penalty) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have been administered once more than 0.03g of philophones, and the case is not less and less than that of the case. Narcotics-related crimes are serious criminal with a significant risk of social harm and recidivism, the Defendant has past records of having been punished several times due to the violation of the Act on the Control of Psychotropic Drugs and Narcotics, etc. (4 times imprisonment and two times a suspended sentence of imprisonment). In particular, the Defendant was sentenced to one year for the violation of the Act on the Control of Narcotics, etc. (fence) at the Changwon District Court Jinwon District Court on December 9, 2009, and was sentenced to one year for the violation of the Act on the Control of Narcotics, etc. (fence) at the Jinwon District Court on October 26, 2010, and even after the execution of the sentence was completed, the Defendant again committed the instant crime, and there is no reason to deem the Defendant’s punishment to be unfair.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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