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(영문) 대구지방법원 2016.12.23 2016노4261
마약류관리에관한법률위반(향정)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (three years of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Regarding the judgment and each argument of the public prosecutor and the defendant, there is a need to strictly punish and eradicate the narcotics criminal in light of the favorable circumstances such as the fact that the defendant made a confession of all the crimes of this case and reflects the mistake, that the defendant actively cooperates with the investigation agency on narcotics, that part of the penphones and marijuana was seized to the investigation agency on June 8, 201, and that there is a need to strictly punish and eradicate the crimes of this case. In particular, among the crimes of this case, the crime of selling narcotics in the manner of undermining others' addiction to narcotics and gaining illegal profits through spreading and distributing narcotics, which means that others are exposed to addiction to narcotics, there is a need for more strict punishment. The amount of telephonephones and marijuana handled by the defendant is significant, and the defendant has been sentenced to criminal punishment several times for the same crimes (seven times) and in particular, there is no reason why the court below committed the crime of this case on the grounds that the defendant had been sentenced to punishment on the grounds that the execution of repeated crimes was completed during the period of the crime of this case.

3. In conclusion, each appeal by the prosecutor and the defendant is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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