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(영문) 대구지방법원 2017.02.03 2016노5114

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is a favorable condition such as the fact that the defendant voluntarily surrendered to an investigative agency, the confession of all the crimes in this case and cooperation with the investigation, such as revealing the upper line, etc. However, in light of the addiction of narcotics and the harm caused by medication, etc., narcotics crimes need to be strictly punished and eradicated. The crime in this case purchased 1.5g phiphones over nine times for about six months, and administered them over 30 times, and the number of times of the crimes is not substantial. In light of the detection of phiphones ingredients from the defendant's mother, it seems that the degree of phiphone addiction is not less easily than the defendant's phiphone addiction, the scope of the punishment recommended by the Supreme Court on the crime in this case [basic crimes and crimes Nos. 1 and 2 concurrent crimes: The age limit of the defendant's punishment [this case's punishment is determined, b.), the basic crime in this case's imprisonment with prison labor for six months or less, the circumstances of the defendant's punishment in this case, etc.].

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.