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(영문) 대구지방법원 2016.12.16 2016노4577
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below has a favorable condition such as the fact that the defendant led to the confession of the crime of this case and the fact that the defendant commits the crime of this case against the wrongness, the health condition is not good, but there is a need to strictly punish and eradicate the crime of this case in light of the addiction to narcotics and the harm caused by medication of narcotics. In particular, among the crimes of this case, the crime of selling narcotics in this case requires more strict punishment as it spreads and distributes the narcotics and obtains illegal profits through the method of undermining others' addiction to narcotics, and the defendant has a history of criminal punishment several times for the same crime, and in particular, the defendant committed the crime of this case on September 25, 2014 when he was sentenced to imprisonment for the same crime of this case with prison labor for more than 10 months and again committed the crime of this case during the period of repeated punishment after the completion of the execution of the sentence, the amount of phiphonephonephones dealt with, the result of a 'training response', the defendant's act of this case cannot be considered to the circumstances or circumstances after its new motive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, ex officio, the court below's decision is corrected to dismiss "Article 4 (1) 1" as "Article 4 (1) 1" of the "Article 4 (1) of the "Article 4 (1) of the Act" in the application of the Act.

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