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(영문) 창원지방법원 2014.01.16 2013노1882
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the main points of the grounds for appeal are confessions and reflects by the defendant, the defendant is serving in prison with a warning of the oral statement, and the defendant's children are scheduled to harm the defendant's simple consciousness, etc., the punishment (one year of imprisonment and one hundred thousand won of collection) 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 than that of the Defendant, narcotics-related crimes are serious criminal with a significant risk of social harm and recidivism, and the Defendant has been punished several times due to the violation of the Narcotics Control Act, etc. (one time imprisonment and two times a suspended sentence of imprisonment) in the past, and in particular, on May 26, 201, at the Changwon District Court sentenced ten months to be sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. (or two times a suspended sentence of imprisonment) at the Changwon District Court on March 23, 201, and again committed the instant crime during the period of punishment after the completion of the execution of the said sentence on March 23, 2012. In full view of all such circumstances as the character, character and environment of the Defendant, the background and result of the instant crime, and the circumstances after the crime, etc., the aforementioned assertion by the lower court cannot be justified.

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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