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(영문) 대구지방법원 2017.09.15 2017노2740

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. A favorable condition is that the Defendant, who led to the confession of each of the crimes of this case, reflects the mistake, the Defendant has no record of criminal punishment in the Republic of Korea, and the Defendant is in a position to support the family in his/her home country.

However, in light of the method and frequency of the crime that the defendant sells phiphonephones nine times, and the nature of the crime is not very good in light of the method and frequency of the crime, and the addiction of narcotics and the harm caused by the medication, etc., the crime of the crime of the defendant's phiphones needs to be strictly punished and eradicated. The defendant's crime of the sale of phiphones is more likely to criticism because the crime of the crime of the sale of phiphones spreads to the surrounding people. The defendant seems to be the sale of drugs that professionally deal with large quantities of narcotics, the amount of phiphones handled by the defendant is considerably large, and the detection of phiphones from the mother of the defendant.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

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 (Article 25 (1) of the Rules on Criminal Procedure, however, the court below's decision ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, and it is corrected that "Article 4 (1)" is "Article 4 (1)" among "Article 4 (1) 1" under the application of the law of the court below.