beta
(영문) 대구지방법원 2019.05.31 2019노515

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation, and collection) by the lower court is too unreasonable;

2. The fact that the judgment recognizes the defendant's mistake and reflects his depth, and the fact that the defendant has a child to support is favorable to the defendant.

However, given that narcotics-related crimes are highly likely to repeat crimes due to their toxicity, etc. and are highly harmful to individuals and society, it is necessary to strictly punish them. The Defendant has the records of crimes subject to punishment twice as narcotics-related crimes, and the Defendant did not know even during the repeated crime period due to the same kind of crime, and committed the instant crimes without being aware of such crimes. In full view of unfavorable circumstances, such as the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., and other circumstances that are conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, it cannot be deemed unfair to the extent that the lower court’s

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.