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(영문) 대구지방법원 2017.06.30 2017노1514
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is a favorable condition that the defendant led to the confession of the crime of this case and reflects the mistake, the amount of the penphone handled by the defendant is not so large, and the defendant's last record of the same crime was before 13 years.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., narcotics crimes need to be strictly punished and eradicated, and the crime of issuance of phiphones, such as the crime of this case, is highly likely to be criticized as an act of spreading narcotics to the surrounding persons, and the defendant committed the crime of this case despite the fact that he had been punished twice (two times of imprisonment by imprisonment) due to the same kind of crime, and the defendant was found to have detected of phiphones from the mother of the defendant.

In addition to the above circumstances, the court below already sentenced the lower limit of the recommended range in the sentencing guidelines of the Supreme Court on the instant crime, taking into account 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 cannot be deemed unfair, considering all of the sentencing conditions in the instant case, including the record and the history of the crime.

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.

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