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(영문) 대구지방법원 2017.03.24 2017노550

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court has such favorable circumstances as the following: (a) the defendant reflects on and surrenders to the crime; (b) the defendant cooperates with narcotics investigation; and (c) the old old old old aging aging and living together.

Meanwhile, there are unfavorable circumstances such as the fact that narcotics crime has to be eradicated as a very serious crime that destroys the family and society as well as the criminal himself/herself, and causes other crimes, and that the defendant has already been punished more than ten times for the same kind of crime, and that the defendant has committed the crime of this case only when he/she has completed the execution of punishment for the same kind of crime for five months.

In this context, the court below sentenced the lowest limit of the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court on the crime of this case, and there are no special circumstances or changes in circumstances that may be newly considered after the judgment of the court below, and considering the defendant's age, sex, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, crime records, and all of the sentencing conditions mentioned in the records and theories on changes, such as criminal records, it does not seem unfair because the sentence imposed by the court below is

Therefore, 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.