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(영문) 대구지방법원 2017.09.08 2017노2735

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

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

2. There are favorable circumstances such as the Defendant’s confession of all crimes of this case and his mistake is divided, the Defendant has endeavored to live as a normal social member, such as paying regular support payments to a large number of welfare organizations after release, the Defendant has provided cooperation in the investigation by informing of his superior vessels, and the fact that he is taking a short term.

However, in light of the addiction of narcotics and the harm caused by the medication, etc., narcotics crimes need to be strict in light of the fact that the Defendant spreads narcotics to the surrounding persons, such as selling phiphonephones beyond the simple medication, and that the degree of phiphone addiction seems not to be less easily given the detection of phiphones ingredients from the Defendant’s hair, and there are records of having been punished several times for the same crime, and that the Defendant committed again the instant crime without going against the period of repeated offense due to the same crime.

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.