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(영문) 창원지방법원 2016.08.25 2016노1608
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, additional collection of KRW 700,00) on the Defendant is too unreasonable.

2. We can take into account the following circumstances: (a) a single-speaket; (b) a confession of facts constituting a crime, and the fact that the defendant is against the law.

On the other hand, in full view of the fact that the Defendant committed each of the instant crimes during the same period of probation, and that in the case of the administration of phiphones, the Defendant escaped from the protective observation office to clarify the fact of administration by cathophones, and in the case of the sale of phiphones, the Defendant sold phiphones to other narcotics-related crimes only at the protective observation office, and the transfer of 1.4g thereof, it is inevitable for the Defendant to

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant within the scope of the sentencing guidelines, and determined the punishment within the reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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