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(영문) 대구지방법원 2015.12.23 2015노3789

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

160,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case was committed on the Internet by the defendant's philophone purchased from his name from his name in the form of medication over two occasions, there is a need to strictly punish and eradicate narcotics offenders in light of the addiction of narcotics and the harm caused by the medication of narcotics. The defendant already has the record of criminal punishment seven times as a crime of the same kind, and the result of maternity appraisal shows "training" reaction, the defendant's philophone addiction seems not to be less easily. However, in light of the fact that the defendant's philophone addiction was committed in the crime of this case, the defendant reflects the wrong, and the amount of the philophonephone dealt by the crime of this case is relatively small, the number of the philophones handled by the defendant is the most most supported, the defendant's family members and his sons appear to have a personal and social relation with the defendant, the defendant's detailed statement about the organization of the defendant who was under his control at the time of investigation by an investigative agency, etc. [the guidelines for sentencing of this case and the same type of punishment of this case.]

In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, etc., the sentence imposed by the lower court is deemed unreasonable, if all of the sentencing conditions indicated in the records and arguments are considered, such as the following: 10 months to 2 years; and 10 months to 3 years; and 3 years to 10 months to 3 years; and

3. Thus, the defendant's appeal is justified.