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(영문) 대구지방법원 2017.06.16 2017노1443

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. A favorable circumstance is that the Defendant, who led to the confession of the instant crime, reflects the mistake, the suspension of execution, which was sentenced to the same criminal act on July 21, 2016, was revoked due to the instant criminal act, and the family members of the Defendant appeal against the Defendant’s wife.

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., the crime of this case needs to be strictly punished and eradicated, and the defendant has a male-friendly Gu B scopon administered a scopon, which is more likely to be criticized, and the defendant's act of spreading narcotics to the surrounding persons is more likely to do so, and the amount of scopon handled by the defendant is not less than two years, and the defendant was sentenced to the suspension of the execution of ten months for the same crime at the Daegu District Court on July 21, 2016, and was sentenced to the suspension of the execution of ten months for the same crime at the Daegu District Court on July 29, 2016, which became final and conclusive on July 29, 201, and committed the crime of this case at least two months from the date when the above judgment became final and conclusive, and considering that the defendant's scoponic ingredients were detected from the mother's scopon.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, and the history of the crime, etc., the sentence imposed by the court below is 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.