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(영문) 대구지방법원 2018.02.14 2017노4742
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s improper claims for sentencing.

In light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In this case, the Defendant’s two-time provision of phiphones, two-time sale, and two-time medication, which are not good in light of the frequency of the crime, and the Defendant’s provision or sale of phiphones is highly likely to be subject to criticism. The Defendant has been punished three times (three times of imprisonment) for the same crime. In particular, in the Daegu District Court sentenced on October 16, 2015, the Defendant committed each of the instant crimes without being aware of the fact that the Defendant committed a repeated crime without being aware of the fact that the execution of the sentence was completed on July 5, 2016 when considering the fact that the Defendant’s phiphones were detected from the Defendant’s phiphones, and that the Defendant’s phiphones were found to be disadvantageous to the Defendant’s phiphones.

However, the defendant's confession of each of the crimes in this case reflects his mistake in depth, the amount of the penphone handled by the defendant is not much large, and the defendant is able to take a part in the defendant.

In light of the favorable circumstances, such as the fact that the defendant's wife appeals against the defendant's wife, there is no change of circumstances that could change the punishment determined by the court below, and other factors of sentencing as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background leading to the crime of this case, the means and consequence, the circumstances after the crime, etc., are considered appropriate.

3. Thus, the appeal by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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