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(영문) 대구지방법원 2016.06.10 2016노1054

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the confession of each of the crimes of this case and the fact that the defendant actively cooperates in the investigation of narcotics, such as making a statement about and arresting the person who is smuggling of narcotics at the time of investigation by the investigative agency. However, in light of the defendant's sale of phiphonephones, medication, and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the crimes of this case. In particular, among the crimes of this case, the crime of selling narcotics in this case requires strict punishment as it distributes narcotics in a way that other persons are exposed to addiction to narcotics and obtains illegal profits from it. The defendant has a history of being subject to criminal punishment (one-time punishment and one-time suspension of execution) for the same kind of crime, and there is no special reason to view that the defendant's new motive or execution of the crime of this case has been changed by being sentenced to imprisonment for the same kind of crime from the Busan District Court on August 8, 2014 and there is no special reason to view that the defendant's new motive or execution of the crime of this case.

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.