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(영문) 대구지방법원 2017.08.25 2017노2059
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals filed by A and the Prosecutor against Defendant N are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor (Defendant N)’s sentence sentenced by the lower court to Defendant N (one year of imprisonment with prison labor, two years of suspended execution, observation of protection, and an order to attend pharmacologic treatment for forty hours) is too unhued and unreasonable.

2. Determination as to Defendant A’s wrongful assertion of sentencing is favorable to the following: (a) Defendant A led to confession of each of the crimes in this case; (b) the above Defendant cooperatedd in an investigation into the upper line and leaving a ship; (c) the same criminal records of the above Defendant had been 15 years yet to elapse; and (d) the family members of the above Defendant complain of the Defendant’s prior action.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., narcotics crimes need to be strictly punished and eradicated, and the crimes of issuance and sale of phiphones, such as the crimes of this case, are acts that spread narcotics to the surrounding people, and are highly likely to criticize them, and the amount of phiphones handled by the above defendant is not large, the above defendant committed each of the crimes of this case despite the history of the same kind of crime, and the detection of phiphones from the mother of the above defendant, are considered to be disadvantageous.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on each of the crimes of this case in the sentencing guidelines, the above defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, and all of the sentencing conditions indicated in the records and theories on changes in the criminal records of this case, the punishment imposed by the court below on the above defendant cannot be deemed unfair.

Therefore, Defendant A’s argument of sentencing is without merit.

3. Determination of the Prosecutor’s improper assertion of sentencing against Defendant N by the Prosecutor and harm caused by the addiction of narcotics and the medication of narcotics.

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