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(영문) 대구지방법원 2017.12.08 2017노3225
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. There are favorable circumstances such as the Defendant’s confessions all of the instant crimes, and reflects his mistake, and actively cooperates with narcotics investigation in the surrounding persons, and showing his will to do so.

However, considering that the crime of this case was administered twice by the Defendant, twice in the vicinity, and twice in the possession of marijuana together, and the nature of the crime is very poor, and in light of the addiction to narcotics and the harm caused by the administration of narcotics, etc., narcotics crimes need to be strictly punished and eradicated. In particular, the crime of delivery of phiphones is more likely to be criticized. The Defendant committed the crime of this case again because he was sentenced to imprisonment for a term of four years for the same crime and completed the execution of the crime, and the Defendant seems to have committed the crime of this case, and the degree of the phiphone addiction's addiction seems to be weak in light of the detection of phiphones from the Defendant's mother.

In addition, if all of the sentencing conditions stated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, are taken into account, 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.

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