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(영문) 대구지방법원 2017.12.08 2017노1551
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (5,000,000 won) is too unfased.

2. In light of the harmful effects of the judgment on individuals and society, there is a need to strictly punish and eradicate narcotics crimes. The Defendant attempted to administer phiphones without scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics. In particular

However, there are more favorable circumstances, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, the Defendant’s medication was conducted at the time of medication, and the Defendant’s will to see whether the Defendant was a short-term offender at the time, and the instant crime was committed in a concurrent relationship with the crime of violation of the Narcotics Control Act (fence) established on August 25, 2017 and the crime of violation of the latter part of Article 37 of the Criminal Act, which became final and conclusive on August 25, 2017, and the crime

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (the crime of this case is in the concurrent relation between the crime of violation of the Act on the Control of Narcotics, Etc., which was established on August 25, 2017 and the crime of violation of the latter part of Article 37 of the Criminal Act, but the prosecutor’s appeal is dismissed without reversal of the judgment below in light of the above circumstances. However, Article 25 of the Regulation on Criminal Procedure is decided as follows.

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