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(영문) 대구지방법원 2018.03.23 2018노69

마약류관리에관한법률위반(향정)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment dismissing a public prosecution regarding the insult of the facts charged in the instant case, and sentenced the remainder of the facts charged to conviction.

Since the dismissal part of a public prosecutor’s appeal against the guilty part of the judgment of the court below for the reason that the sentencing was unfair, which was not appealed by the prosecutor, is separate and finalized depending on the expiration of the period of appeal, the judgment of the court below is to be made only for the guilty part

2. Summary of reasons for appeal;

A. The Defendant (unfair sentencing)’s sentence (one year and two months, additional collection KRW 100,00) sentenced by the lower court against the Defendant is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

3. The circumstances are favorable, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant voluntarily stated the administration of narcotics in an investigative agency, and that he did not repeat again.

On the other hand, narcotics crimes need to be strictly punished with severe social harm, and the defendant has the record of being punished more than 10 times for narcotics crimes, and the defendant commits the crime of this case without being aware of it during the repeated crime period, and the defendant's mother is deemed to have detected phiphone ingredients in the defendant's hair, and the degree of addiction seems to be grave, and the fact that the defendant does not clearly state the upper line of supplying phiphones to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, all the factors indicated in the arguments in this case, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the lower court is deemed appropriate.

4. If so, the appeal by the defendant and the prosecutor is to be made.