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(영문) 대구지방법원 2016.05.27 2016노1235
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is under favorable circumstances such as the confession of the crime of this case and the fact that there is no record of criminal punishment for narcotics crimes, the fact that there is no record of criminal punishment for narcotics crimes, the fact that the defendant cooperates with the investigation into narcotics, and the fact that the health condition is not good. However, in light of the following factors: (a) in the case of the crime of this case, in light of the defendant's purchase (4 times), sale (3 times), giving and receiving (2 times), medication (1 times), addiction to narcotics and harm caused by medication, etc., there is a need to strictly punish and eradicate narcotics crimes; (b) in particular, the sale of narcotics during the crime of this case is necessary to spread the narcotics to others and obtain illegal profits from the crime of this case; (c) in light of the fact that the crime of this case is conducted by each of the crimes of this case, there is no unreasonable punishment by the court below; (d) the quantity ofphonephones dealt with each of the crimes of this case; and (e) the defendant's motive and response to the crime of this case's punishment of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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