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(영문) 대구지방법원 2019.02.13 2018노4340
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment, and one hundred thousand won of additional collection) is too unreasonable in light of the gist of the grounds for appeal.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and divided his mistake, and that he took part in the simple medication of philophones only once, etc.

On the other hand, the fact that the defendant did not know even though he had been punished several times due to the same crime, and committed the crime of this case again during the period of repeated crime, and that the defendant's hair is found to have detected philophones, and the degree of addiction is not less exceptionally, etc. are disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, etc. of the Defendant, are taken into account, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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