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(영문) 대구지방법원 2016.09.02 2016노2696

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) there are favorable circumstances, such as the fact that the Defendant’s confession of the instant crime and the fact that the amount of phiphones handled by the Defendant after the confession of the instant crime was not high; (c) however, in light of the addiction to narcotics and the harm caused by the medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated; (d) the Defendant has the record of having been sentenced to imprisonment five times for the same crime; and (e) on July 17, 2015, the Daegu District Court sentenced the Defendant of 1 year and six months for the crime of violation of the Act on the Control of Narcotics, etc. (e.g., the Act on the Control of Narcotics, etc.) at the Daegu District Court on September 21, 2015; and (d) again committed the instant crime without being aware of the fact that the Defendant’s phiphones ingredients were detected from the Defendant’s mother.

The lower court sentenced the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, criminal records, etc., and all of the sentencing conditions stated in the present case’s records and arguments, such as the period of imprisonment, character and behavior, environment, motive, means and consequence of the instant crime, are considered, and thus, it cannot be deemed that the sentence imposed by the lower court is unreasonable. Thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.