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(영문) 대구지방법원 2017.12.01 2017노4261
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is a favorable condition that the Defendant led to the confession of each of the crimes in this case and reflects the wrongness, that the Defendant must support an undecent mother’s health condition, and that the Defendant’s wife appeals against the Defendant’s wife.

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In this case, the defendant's phiphones were purchased once, provided once, provided six times, and the nature of the crime is not good. The crime of providing phiphones like the crime of this case is more likely to be criticized because it spreads narcotics to the surrounding people. The amount of phiphones handled by the defendant is not large, and the defendant committed each of the crimes of this case without being aware of the fact that he was punished for the same kind of crime (the suspension of the execution of imprisonment), and that the defendant committed each of the crimes of this case without being aware of the fact that phiphones were detected from the mother of the defendant, in light of the fact that phiphones were detected.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed 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.

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