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(영문) 대구지방법원 2019.05.03 2019노943

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment and six months of collection) is too unreasonable.

2. The fact that the defendant's mistake is recognized, and that the defendant reflects it is favorable to the defendant.

However, in full view of the following circumstances: (a) narcotics-related crimes are highly likely to repeat a crime due to their toxicity, etc. and are highly harmful to individuals and society; (b) there is a need to strictly punish the Defendant; and (c) the Defendant is more serious in that the Defendant’s simple administration of phiphonephones causes narcotics crimes to other persons through the sale and delivery of phiphonephones; (d) the Defendant has five times the criminal records sentenced to imprisonment with prison labor for narcotics crimes; and (e) the Defendant committed each of the instant crimes without being aware of the fact that he/she was committed during the period of repeated offense; and (e) other unfavorable circumstances, such as the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., which are the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and behavior, and environment, the motive for the crime, and the circumstances after the crime, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.