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(영문) 대구지방법원 2016.12.16 2016노4598
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable condition that the defendant made a confession of the crime of this case while committing the crime of this case, and there is a need to strictly punish and eradicate the crime of this case in light of addiction to narcotics and harm caused by medication, etc. Meanwhile, the defendant has been punished several times for the same crime (4 times of imprisonment, one time of suspended execution). In particular, on September 2, 2015, the defendant was sentenced to one year from the Daegu District Court's Daegu District Court's branch for the same crime of the same kind on July 14, 2016, and two months have not passed since he was released from the crime of this case while the execution of the punishment of this case was completed, and the defendant again committed the crime of this case. The defendant was punished for the crime of this case by entering an elementary school in a blind condition after the crime of this case (the crime of this case was committed before and after the crime of this case, the motive and circumstances of the defendant's living in the school of this case, etc. after the crime of this case cannot be seen as unfair.

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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