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(영문) 대구지방법원 2018.02.14 2017노5058

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. There are favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes and against his mistake, and the fact that he should support the elderly and female children.

However, in light of the toxicity of narcotics and the harmful effects of the medication, the crime of narcotics need to be strictly punished and eradicated, the defendant does not limit only to the simple medication of phiphones, but also distributes phiphones to the surrounding people, so the crime is not more appropriate, the defendant has the record of punishment four times for the same crime, and the degree of addiction is not less easily given that phiphones have been detected from the hair.

In addition, if all of the sentencing conditions stated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, are taken into account, the sentence imposed by the court below is too unreasonable.

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.