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(영문) 대구지방법원 2016.09.23 2016노3145
마약류관리에관한법률위반(향정)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both judgment and the defendant's arguments.

In light of the fact that the defendant made a confession of the crime of this case while committing the crime of this case, favorable circumstances such as the fact that the defendant committed the crime of this case, the addiction of narcotics and harm caused by the medication, etc., there is a need to strictly punish and eradicate the crime of this case. The defendant has been punished three times for the same crime. In particular, the defendant was sentenced on July 26, 2013 by the Changwon District Court for the same crime of this case on November 29, 2014 and was sentenced for one year and eight months, and he did not know of the fact that he committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of repeated crimes, the defendant's hair ( around 2-7 m) and seven dives for one-time medication, and the degree of addiction to the defendant's sularphones is less than 3 years, the defendant's motive to commit the crime of this case, the reason why the court below sentenced the punishment of this case to the punishment of this case, etc.

3. In conclusion, since the appeal by the prosecutor and the defendant 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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