beta
(영문) 대구지방법원 2016.12.02 2016노4230

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. Although the Defendant’s confession of the instant crime and reflects the wrongness, there is a need to strictly punish and eradicate narcotics crimes in light of the addiction to narcotics and the harm, etc. caused by medication. On May 17, 2016, the Defendant committed the instant crime without being aware of the fact that he/she was under suspension of execution after being sentenced to two years of suspension of execution on October 17, 2016 due to the same crime, which was sentenced to imprisonment on May 25, 2016, and the judgment became final and conclusive on May 25, 2016, and the result of the maternity appraisal was “training” (the part from the part near 7 to 3 cm mm from the part near 7 to the mother 24cm). In light of the fact that the degree of phone addiction is deemed not to be negligible, the lower court sentenced the Defendant to the recommendation of the sentencing guidelines set forth in the Supreme Court on the instant crime [basic crime and concurrent crimes for the possession of narcotics.]

The recommended types of crimes, medication, basic crimes, and concurrent crimes (aggravated, aggravated factors - previous crimes): one year to three years of imprisonment, and the scope of final recommended sentences due to aggravating multiple crimes: Imprisonment with prison labor for a period of one year or more to four years and six months); the fact that there are no extenuating circumstances or changes in circumstances that may be newly considered after the decision of the court below was rendered; and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, are considered as inappropriate. 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.