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(영문) 대구지방법원 2019.10.18 2019노2754
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the defendant led to the confession of the crime of this case and reflects the mistake are favorable to the defendant.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the defendant has the criminal records of multiple criminal punishment for the same criminal acts. In particular, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even during the repeated crime period due to the same criminal acts, and the defendant committed the crime of this case, such as administration of phiphonephones and prevention of fire and obstruction of performance of official duties, etc. like the crime of this case. The defendant committed the act of committing the crime of this case. There is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and there are no other special circumstances or changes of circumstances that show the harmful effects of narcotics and risks of the crime of this case, and there is no other motive, means and consequence of the crime of this case, the motive and consequence of the crime of this case, circumstances after the crime, criminal records, etc., and all sentencing conditions expressed in the records and arguments of this case. Therefore, the defendant's

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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