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(영문) 대구지방법원 2017.03.31 2017노378
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the above, there are favorable circumstances such as the Defendant’s confession of all the crimes of this case, the Defendant’s mistake is divided, the Defendant has no record of criminal punishment in the Republic of Korea, and the Defendant should be responsible for the livelihood of his family in the mother country.

However, there are extenuating circumstances, such as the fact that the Defendant committed the instant narcotics crime in a situation where he stays in the Republic of Korea in an unlawful manner, the fact that the instant narcotics crime should be eradicated as a very serious crime that causes another crime by destroying his family and society as well as the offender himself. However, the Defendant sells or administers narcotics to another foreign worker, etc. beyond his own medication, and that the Defendant sells or administers narcotics to another foreign worker, etc., and that the amount or sale of narcotics handled by

In addition, considering the Defendant’s age, sex, occupation, means and consequence of the instant crime, the circumstances after the instant crime, and all of the sentencing conditions indicated in the previous theories, such as the records and changes, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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