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(영문) 대구지방법원 2018.02.02 2017노5000
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is a favorable circumstance, such as the fact that the Defendant led to the confession of each of the crimes in this case and reflects the mistake, that the amount of the penphone handled by the Defendant is not much large, that the Defendant actively cooperated in the investigation into the merchant boat, that the Defendant’s health status seems not good, and that the Defendant’s will appeal against the Defendant’s wife.

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. This case is disadvantageous to the defendant that the defendant purchases phiphones twice, 2 times, and 1 times sold phiphones. The crime of selling phiphones, such as the crime of this case, is highly likely to be criticized because it spreads narcotics to the surrounding person. The defendant committed each of the crimes of this case without being aware of the history of punishment several times (five times of imprisonment) by the same kind of crime, and in light of the detection of phiphones from the defendant's hair, it seems that the degree of phiphones addiction by the defendant might not be negligible.

In addition to the above circumstances, the scope of recommendations given by the Supreme Court on each of the instant crimes in the sentencing guidelines, the fact that there is no change in circumstances that could change the punishment determined by the court below, and all of the sentencing conditions stated in the records and arguments of this case, including the defendant's age, sex, environment, motive, means and consequence of the instant crime, circumstances after the crime, crime records, etc., should be taken into account, and it is not unreasonable for the court below to impose the sentence.

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 (Article 25 (1) of the Rules on Criminal Procedure).

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