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(영문) 대구지방법원 2018.01.12 2017노4676
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. There are favorable circumstances such as the Defendant’s confession of the instant crime and reflects his mistake, the fact that the Defendant was in a single medication, the immediately surrenders to the police after medication, and the efforts for the treatment of narcotics.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, there is a need to strictly punish and eradicate the narcotics crime, and the defendant has a high history of punishment for the same kind of crime, and thereby, again, he did not spread the suspicions during the period of repeated crime, and led to the crime of this case again without spreading the suspicions during the period of repeated crime, and there is a disadvantage that social isolation is inevitable even for a certain period of time for the defendant's abundance.

In addition, if all of the sentencing conditions stated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, are taken into account, the sentence imposed by the court below is too unreasonable.

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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