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(영문) 대구지방법원 2018.02.14 2017노5687
마약류관리에관한법률위반(향정)
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 judgment is a favorable circumstance that the Defendant led to the confession of each of the crimes of this case and reflects the mistake, the fact that the Defendant voluntarily surrendered, the amount of philopon handled by the Defendant is not large, the Defendant actively cooperated in the investigation into the upper line, and the Defendant’s health status is not good.

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. This case is that the defendant committed each of the crimes of this case without being aware of the fact that the defendant committed a repeated crime on July 15, 2016 when he was sentenced to imprisonment for the same kind of crime on August 21, 2015 and was sentenced to imprisonment for the same crime, and the judgment became final and conclusive, in light of the fact that the defendant committed each of the crimes of this case without being aware of the fact that he committed the crime of this case without being able to spread narcotics to the surrounding people, such as the crime of this case, and the fact that the crime of joint-phone medication, such as the crime of this case, is highly likely to be subject to criticism. In addition, considering the fact that the defendant committed each of the crimes of this case without being aware of the fact that he was found to have been found to have been found to have been found to have been found to have been detected from the mother component of the defendant.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on each of the crimes of this case in the sentencing guidelines, equity in sentencing with accomplices, and other factors, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, and the history of the crime in this case, the sentence imposed 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.

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