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(영문) 대구지방법원 2018.02.14 2017노5629

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. The sentence (Defendant A: Imprisonment with prison labor for 10 months and Defendant B: imprisonment with prison labor for 10 months) declared by the court below is too unreasonable.

2. There are favorable circumstances such as the Defendants’ confession of the instant crime and reflects their mistake, and the Defendant A’s crime is a concurrent crime with the crime of violation of the Act on the Control of Narcotics, Etc., as indicated in the judgment of the court below, and the crime of violation of the Act on the Control of Narcotics, etc., as indicated in the judgment of the court below, and the punishment should be determined at the same time

However, in light of the toxicity of narcotics and the harmful effects of medication, there is a need to strictly punish and eradicate the crimes of narcotics. In particular, the crimes of selling narcotics are in need of strict punishment by spreading and distributing narcotics to others by omitting them into the addiction of narcotics, and thereby making illegal profits therefrom. The amount of narcotics handled by the Defendants is very large of 20gs, and the Defendants committed again the crimes of this case without being able to do so during the period of repeated crimes.

In addition, considering the following factors: the Defendants’ age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, it does not seem unfair because each sentence imposed by the lower court is too large.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.