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(영문) 대구지방법원 2017.07.07 2017노1962
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The judgment is a favorable condition that the defendant led to the confession of the crime of this case, and the defendant has no record of the same kind of crime, and the defendant must support his wife and child.

However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and some of the phiphones in possession of the Defendant appears to have been provided or used to a third party. This is more likely to be criticized as an act of spreading narcotics to the surrounding persons, and the amount of phiphonephones handled by the Defendant is not large, and the degree of phiphones addiction in light of the detection of phiphones from the Defendant’s maternity.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence, etc., and all of the sentencing conditions indicated in the records and theories on the changes, the sentence imposed by the court below is deemed appropriate. Thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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