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(영문) 대구지방법원 2017.03.24 2017노154
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances are favorable, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the victims do not want the punishment of the defendant by mutual agreement with the victims of obstruction of business and damage to special property.

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, the defendant has the record of being punished for the same kind of crime (under the Act on the Control of Narcotics, etc.) and the record of having been punished for the crime of injury, assault, etc., the defendant committed the crime of this case despite the fact that he committed the crime of this case. The defendant administered philophonephones and chophones in a climatic state. This is a case showing the harm and risk of the crime of narcotics typically, and the nature of the crime is poor. The court below already sentenced a sentence lower than the lower limit of the recommended punishment under the sentencing guidelines of the Supreme Court on the crime of this case, taking into account the favorable circumstances for the defendant, and there is no special circumstance or change of circumstances to be newly considered after the sentence of the

In addition to the above circumstances, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, and all the sentencing conditions as shown in the records and arguments in this case, the punishment sentenced by the court below is unlimited and unfair. Thus, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “Article 4(1)” of the column for “Article 4(1) of the relevant Act on the criminal facts of 1.” among the application of the judgment below.

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