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(영문) 대구지방법원 2018.04.13 2018노604

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, additional collection of one hundred thousand won) is too unreasonable.

2. On June 1, 2017, the Defendant committed the instant crime during the period of suspended execution, for which ten months of imprisonment, two years of suspended execution, observation of protection, and 40 hours of an order to attend the lecture for treatment of narcotics was issued by the Changwon District Court for the same crime.

The criminal records of the same kind are several times, and the punishment of imprisonment is also criminal records.

In light of the toxicity of narcotics and the harmful effects of medication, it is necessary to strictly punish and eradicate narcotics crimes.

This is disadvantageous to the defendant.

The defendant recognized the crime of this case from the court of the court below to the court of the trial.

This is the circumstances favorable to the defendant.

In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below, the sentencing range of recommendations according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (one year or three years of imprisonment), the defendant's age, sexual conduct, environment, motive and circumstance of the crime, etc., and all of the sentencing conditions stated in the records and the theory of changes, such as the records of this case and the circumstances after the crime, cannot be deemed unfair because the sentence imposed by the court below is too large.

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.