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(영문) 대전지방법원 2018.01.31 2017노3637
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below's respective punishment (the crime No. 1 of the judgment of the court below), the imprisonment of two months (the crime No. 1 of the judgment of the court below), the imprisonment of six months (the crime No. 2 of the judgment of the court below), and the imprisonment of one year and ten months) is too unreasonable.

2. Determination

A. It is advantageous to the fact that Defendant A recognized the instant crime and opposed to it, there is no record of punishment for the same kind of crime, and that Defendant B cooperates with the arrest of Defendant B.

However, in light of the social harm caused by narcotics and the necessity of eradicating them, there is a need to strictly punish the crimes of narcotics; Defendant A repeatedly walon medication 4, trading three times, giving and receiving three times, one time, and the quality of the crimes is not good; Defendant A had been punished five times as a result of the crimes of this paper (amount of punishment, suspension of execution) and committed another crime during the suspension of execution.

In full view of the above circumstances and other circumstances, Defendant A’s age, sexual conduct, environment, motive for crime, means and consequence, there is no special change in circumstances that may otherwise determine the sentence and the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, etc., the lower court’s punishment against Defendant A is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

B. Defendant B recognized and reflected the instant crime, and cooperates with the arrest of other drug offenders, etc. are favorable circumstances.

However, in light of the social harm caused by narcotics and the necessity of eradicating them, there is a need to strictly punish the crime of narcotics; Defendant B repeatedly saw the crime seven times of scopon medication, five times of scopon medication, three times of receipt and delivery, three times of possession, and nine times of punishment for the same crime; and Defendant B committed the crime of this case during the period of repeated crime due to the same crime.

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