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(영문) 대구지방법원 2017.10.20 2017노2919
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant A: imprisonment with prison labor for one year and six months, and Defendant B: imprisonment with prison labor for eight months) declared by the court below is too unreasonable.

2. The Defendants: (a) make a confession of all the instant crimes; (b) have divided their errors into a single medication; (c) Defendant A cooperates in informing and arresting his superior ship; (d) Defendant B reported the medication of narcotics to Defendant A; and (c) Defendant A also voluntarily surrenders himself; and (d) Defendant A was not in a state of health due to acute salt, liveration, etc.

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., there is a need to strictize the narcotics crime; Defendant A committed the crime of this case again without going against the repeated crime period; Defendant B was sentenced to the suspension of the execution on two occasions for the same crime; Defendant B committed the crime of this case even though he was subject to the suspension of the execution on two occasions, or the suspension of indictment by the prosecutor; Defendant B was found to have been subject to the suspension of the indictment on several occasions; Defendant B was found to have detected phiphone ingredients from the conspiracy of the Defendants; Defendant B was found to have detected phiphone ingredients; the Defendants committed the crime of self-Medication on March 29, 2017 without spreading the suspicion of narcotics even when the Defendants were in the process of reporting and the investigation by Defendant B.

In addition, considering the following factors: the Defendants’ age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, it does not seem unfair because each sentence imposed by the lower court is too large.

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

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