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(영문) 대구지방법원 2018.02.02 2017노4636
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year imprisonment with prison labor for each of the crimes in paragraphs (a) and (2) as stated in the judgment of the court below and one year imprisonment with prison labor for the remaining crimes in the judgment of the court below) is too unreasonable.

2. In the judgment of the court below, the defendant led to the confession of each of the crimes of this case, and the defendant seems to have committed the crime of selling the instant phiphones upon the J's active request. There are favorable circumstances such as the fact that some of the crimes of this case among each of the crimes of this case is the crime of violating the Game Industry Promotion Act for which judgment became final and conclusive and the crime of concurrent crimes of Article 37 of the Criminal Act, and the principle of equity with the case of concurrent crimes of the group after Article 37 of the Criminal Act should be considered. The defendant must support her mother-child regardless of whether she is sick

However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., narcotics crimes need to be strictly punished and eradicated. In this case, the Defendant committed each of the instant crimes without being aware of the fact that he was sentenced to imprisonment for the same kind of crime at the Daegu District Court on June 21, 2013 and was sentenced for 10 months for the enforcement of the sentence on July 8, 2014, and the Defendant committed each of the instant crimes without being aware of the fact that he was in existence of a repeated crime period after completion of the enforcement of the sentence, and that the Defendant’s act of selling phiphonephones is highly likely to be criticized, and that the Defendant’s act of spreading phiphones to the neighbors. The Defendant’s act of spreading phiphones is highly likely to be criticized, and the Defendant had been punished several times for the same crime (two times of imprisonment and one time of suspended execution of imprisonment).

In addition to the above circumstances, the age, sex, environment, and motive, means, and consequence of the instant crime.

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