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(영문) 대구고등법원 2015.10.15 2015노403
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. Determination

A. In light of the fact that the Defendant was detained for the same kind of crime and was released after having been sentenced to a suspended sentence as to the part of the Defendant’s case, the Defendant attempted to actively color the seller through the Internet to administer the Mepta in a single month, and that the amount of the Mepta that the Defendant intended to purchase is not a large amount of quantity of the Mepta that the Defendant intended to purchase, the Defendant’s responsibility is not somewhat weak.

On the other hand, there are circumstances that the defendant can be considered as positive factors of sentencing as follows.

The crime of purchase of the instant Metepters was attempted.

The Defendant recognized all of the instant crimes and seriously opposed to his mistake.

As the defendant did not repeat again in the future, the defendant shows a strong will to cut down the habit of medication of narcotics through active treatment, and his family members are also trying to help the defendant and return the defendant to a sound member of society with the difficulty and interest of the defendant.

In full view of all the circumstances, including these various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to the Defendant’s liability.

Therefore, the prosecutor's assertion that the sentence of the court below is too uneasible and unreasonable is not acceptable.

B. A prosecutor has filed an appeal on the part of a medical treatment and custody application case, but the prosecutor shall file an appeal on the part of the judgment below as well as the part of the medical treatment and custody application case by stating “the entire judgment” in the column of the appeal filed.

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