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(영문) 대구지방법원 2018.10.26 2018노2571

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year of imprisonment, additional collection 200,000 won) pronounced by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant recognized each of the crimes of this case and reflected his mistake is favorable to the defendant.

On the other hand, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, the defendant committed each of the crimes of this case in the period of repeated crime due to the same crime without being aware of the fact that he had been sentenced to imprisonment, suspension of execution, and punishment several times, despite the fact that he had been punished, and he committed the crime of this case in the period of repeated crime due to the same crime, the degree of addiction is not less weak, and the defendant himself administered narcotics and delivered narcotics to other persons as well as the defendant himself.

In full view of the above circumstances and all the factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, the circumstances after committing a crime, etc., the sentence imposed by the lower court is too unreasonable.

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.