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(영문) 대구지방법원 2018.02.02 2017노4630
출입국관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. A favorable condition is that the Defendant, who made a confession of each of the crimes of this case, reflects the mistake, has no record of criminal punishment in the Republic of Korea, and is in the position to support the family in the Republic of Korea.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate narcotics crimes. In this case, the defendant's entry into the Republic of Korea and his illegal stay in the Republic of Korea, and the purchase, five times sale, and one time sale, and the quality of the crime is not good. The defendant's crime of sales of the merta system is more likely to be criticized because it spreads the merta to the surrounding people, the amount of the merta system handled by the defendant is very large, and the defendant's merta system is detected in the defendant's merta system, and the degree of the merta system is not less easily read among the merta system.

In addition to the above circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, and the criminal records, the sentence imposed by the lower court does not seem to be unfair.

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, however, the court below's ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, "Article 4 (1)" among "Article 4 (1)" among "Article 4 (1) 1" is dismissed as "Article 4 (1) 1."

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