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(영문) 대구지방법원 2020.08.19 2020노1184
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized the mistake of the Defendant, leading up to the confession of the instant crime, and did not prevent the instant crime for the last seven years.

The amount of penphones handled by the defendant for the crime of this case is relatively little, and the family members of the defendant want to repeat the defendant's wife.

However, in light of the addiction of narcotics and the harm caused by the medication, etc. due to the case where the Defendant purchased and administered phiphonephones, the crime of this case requires strict punishment and eradication of the narcotics offender. The Defendant has the history of criminal punishment (one time of imprisonment and three times of the suspension of the execution of imprisonment) for four times due to the crime of narcotics.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, occupation, family relation, health (high blood pressure, and urology), and the scope of recommendations according to the sentencing guidelines (one to two years of imprisonment), the sentence of the court below against the defendant is not hot.

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

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