logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.09.22 2017노2523
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. There are favorable circumstances such as the Defendant’s confession to commit the instant crime and repenting his mistake, the fact that the amount of narcotics handled by the Defendant is not much in quantity, and the need for support for visually disabled persons.

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, there is a need to strictize the narcotics crime. This case is disadvantageous to the defendant, such as the fact that the defendant delivered narcotics to another person is not guilty of the crime of simple medication, that there is two previous convictions due to the crime of narcotics, that the defendant committed again the crime of this case without any reflectance during the period of repeated offense, and that the opphone ingredients were detected from the mother of the defendant.

In addition, considering the above circumstances, the court below sentenced a minor sentence more than one year and six months, which is the lowest one of the sentencing recommendation criteria set by the Supreme Court, or considering the defendant's age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions stated in the records and changes of the case, such as the circumstances after the crime, it does not seem that the sentence imposed by the court below is too unreasonable.

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. It is so decided as per Disposition.

arrow