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(영문) 대구지방법원 2017.11.10 2017노3426
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The judgment is a favorable condition that the Defendant led to the confession of each of the instant crimes, and the Defendant actively cooperated in the investigation into the upper line and leaving a ship, and there are circumstances that may be considered from P on May 16, 2017 when the Defendant purchased approximately 20g opon from P on May 16, 2017, the Defendant has no record of identical crimes, the Defendant’s family members complain of the Defendant’s wife, and the Defendant’s health status is not good.

However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In this case, the defendant committed each of the crimes of this case without being aware of the fact that the defendant was sentenced to one year by special larceny, etc. at the Busan District Court on March 31, 2011 and was sentenced to one year for a repeated offense on April 22, 2015, in light of the fact that the defendant committed each of the crimes of this case without being aware of the fact that he was in the period of repeated offense after completing the execution of the sentence, and that the defendant was found to have discovered the pro rata ingredients from the defendant's hair, and that the crime of selling or providing phiphonephones is not good in light of the content and frequency of the crime.

In addition to the above circumstances, the scope of recommendations given by the Supreme Court on the crime of this case under the sentencing guidelines, the age, sex, environment, motive and background leading to the crime of this case, the means and consequence of the crime of this case, and the circumstances after the crime, etc. are shown in the records and changes.

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