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(영문) 대구지방법원 2017.07.07 2017노2004
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

No. 1 through 3 of seized evidence.

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. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime of narcotics requires strict punishment and eradicatement, and the Defendant has been sentenced seven times to imprisonment for the same kind of narcotics crime (seven times of imprisonment). In particular, on January 30, 2015, the Daegu District Court sentenced one year and nine months to imprisonment for the same kind of narcotics crime, etc. on April 27, 2016, and did each of the instant crimes without being aware of the fact that the execution of the sentence was completed on April 27, 2016, and the Defendant committed the instant crimes without being aware of the fact that the sentence was during the repeated period, and the Defendant destroyed the property located in the telephone in the telephone and assaults and assaulted the employees. This is a case that typically shows the harm and risk of the crime related to narcotics.

However, there are favorable circumstances such as the Defendant’s confession of each of the crimes in this case, and the Defendant appears to have contributed to the arrest of the upper vessel in cooperation with the investigation of narcotics, the amount of penphones handled by the Defendant is not large, the Defendant was the victim of the crime of destroying the property in this case, the J of the victim of the crime of assault in this case, the Defendant agreed smoothly with K of the victim of the crime of assault in this case, the Defendant’s health is not good due to mental illness, and the father of the Defendant complained of the Defendant’s wife.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the instant case records and arguments, the sentence imposed by the lower court is unreasonable due to the absence of sentence.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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