logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.19 2017노4885
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 of the court below is a favorable condition that the defendant led to the confession of each of the crimes of this case and reflects the mistake. The case is about the receipt of philophones for administration once, the amount of philophones handled by the defendant is not large, and the defendant cooperates with the investigation of the upper lines.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant had been punished several times due to the same kind of crime (4 times of imprisonment and one time of suspended execution of imprisonment with prison labor). In light of the detection of phiphone ingredients from the Defendant’s hair, it seems that the degree of phiphone addiction of the Defendant appears to be disadvantageous to the Defendant.

In addition to the above circumstances, the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the fact that there is no change in circumstances that could change the punishment determined by the court below, and other factors of sentencing as stated in the records and theories of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, and criminal records, etc., the sentence imposed by the court below is 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