logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.07.07 2017노1305
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant led to the confession of the crime of this case, and that the defendant's employer wants to take the defendant's prior action.

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; the crime of selling phiphones, such as the crime of this case, is an act of spreading narcotics to the neighbors and is highly likely to be criticized; the amount of phiphones handled by the Defendant is considerably high; the Defendant committed the crime of this case even though he had been sentenced to imprisonment nine times due to the same crime; and the Defendant was found to have detected of phiphones from the mother of the Defendant. In light of the detection of phiphones, it seems that the degree of phiphones addiction by the Defendant seems to be less weak.

In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and all of the sentencing conditions stated in the records and arguments on the changes in the sentencing guidelines, the punishment sentenced by the court below is deemed appropriate.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow