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(영문) 대구지방법원 2017.09.15 2017노2172
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal principles on the amount of KRW 100,000,00,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of the legal doctrine, namely, ① the Defendant saw approximately 04:00 g (on November 19, 2016, approximately 0.01 g) on a penphone, ② the ordinary transaction price for the one-time medication is KRW 100,000,000, and even if there are somewhat differences in the quantity of the one-time medication, the ordinary transaction price is deemed to be the same even if the amount of the one-time medication differs, the ordinary transaction price for the Defendant’s one-time medication ought to be additionally collected KRW 100,00,000,000, which is the ordinary transaction price. Therefore, the lower court’s judgment that calculated the additional collection charge as KRW

It is not visible.

Therefore, the defendant's misapprehension of legal principles is without merit.

B. The Defendant’s judgment on the wrongful assertion of sentencing is favorable for the following reasons: (a) the Defendant led to the confession of each of the instant crimes and reflects the mistake; (b) the Defendant committed a single philophone medication; (c) the amount of philophone handled by the Defendant is smaller; and (d) the degree of injury to the victim of the instant crime of intrusion and bodily injury is relatively minor.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, there is a need to strictly punish and eradicate narcotics crimes, and the defendant has been punished twice (one time of suspended sentence of imprisonment and one time of imprisonment) for the same narcotics crimes, and in particular, the Daegu District Court on December 11, 201.

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