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(영문) 창원지방법원 2018.01.11 2017노2959
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is too heavy (the punishment of imprisonment of one year and six months, the weight of evidence 1 to 3, and 100,000 won are too heavy).

2. Determination: (a) there are favorable sentencing grounds, such as the Defendant’s confession of the crime, the Defendant’s confession of the crime, and the recognition of the Defendant’s possession and medication of Lonphones with the Defendant’s cooperation; (b) the amount of the Lonphones in possession is equivalent to (28.56g); and (c) the commission of the secondary crime; (d) the same criminal record is eight times (7 times in actual punishment, one time in custody for treatment and custody); and (e) all of the offenses of this case are the same repeated crimes; and (e) considering all of the factors as to the sentencing factors, such as the Defendant’s age, family relation, economic situation, background and motive leading to the crime; and (e) the records and changes of this case, even if considering the results of inquiry into the above investigation cooperation received on the day following the sentence of the lower judgment, the Defendant’s assertion 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.

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