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(영문) 대구지방법원 2019.08.23 2019노1438
마약류관리에관한법률위반(향정)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (two years of imprisonment) is too unhued and unreasonable.

B. Each sentence (Defendant B: Imprisonment with prison labor of one year and four months) declared by the court below against the Defendants is too unreasonable.

2. Determination

A. We also examine both the prosecutor and Defendant A’s assertion of unreasonable sentencing and Defendant A’s assertion.

In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime related to narcotics need to be strictly punished and eradicated. In particular, the crime of selling and arranging phiphones, such as this case, is an act of spreading narcotics to the surrounding people, and the social harm is greater, the amount of phiphones handled by the defendant is not much large, and the defendant has a criminal record of criminal punishment several times including imprisonment, due to the same criminal conduct.

However, considering the favorable circumstances, such as the Defendant’s confessions and reflects all of the instant crimes, the Defendant actively cooperates in the investigation while leaving a summary of the charges, and the fact that the investigative agency discovered and prosecuted a considerable number of narcotics crimes by informing of various narcotics-related crimes, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crimes, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the crime, it is determined that the sentence imposed by the lower court is unreasonable.

B. As to the Defendant’s assertion of unreasonable sentencing, the Defendant’s confessions of each of the instant crimes and reflects the Defendant, and actively cooperates in the investigation, etc. are favorable to the Defendant.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, it is necessary to strictly punish and eradicate the crimes related to narcotics, and in particular, the crimes of selling and arranging phiphones such as this case.

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