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(영문) 대구지방법원 2016.01.29 2015노5130
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment requires strict punishment and eradication in light of addiction to narcotics and harm caused by medication, etc. while making a confession of the crime of this case, the Defendant reflects the mistake, the amount of phiphonephone handled by the Defendant is smaller, the amount of cooperation with the investigation agency on narcotics-related investigation (it does not reach an important cooperation in investigation) at the time of investigation. However, there is a need to strictly punish and eradicate narcotics-related crimes in light of the addiction to narcotics and the harmful effects caused by medication. In addition, the Defendant had been already punished six times for the same crime or under criminal punishment (including five times of actual punishment). In particular, on February 5, 2013, the Defendant committed the crime of this case even if he had been sentenced to imprisonment on the same and six months for the same crime and completed the execution of the sentence, and even during the repeated crime period, the lower court did not appear to have made any other reasons such as the lower court’s recommendation to the Defendant for the crime of this case, the lower court’s punishment of the same kind and similar crimes, the Defendant’s motive for punishment within three years, etc.

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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