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(영문) 대구지방법원 2020.04.22 2020노125
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession of each of the instant crimes; (b) certain crimes were voluntarily surrendered; and (c) actively cooperated in the investigation by informing another narcotics offender.

However, in light of the addiction of narcotics and the personal and social harm caused by medication, etc., the crime of narcotics need to be strictly punished and eradicated; the defendant has the criminal record of multiple times of criminal punishment due to the same kind of crime; the defendant committed each of the crimes of this case without being aware of the fact that he was during the period of repeated crime due to the same kind of crime; and the defendant committed the crime of this case without being aware of the fact that the defendant administered philophonephones and sent the disturbance to police officers who called the disturbance with excessive materials dangerous in the state of cryphism. This typically shows the harm and risk of narcotics, and the nature of the crime is bad, and the crime of violation of the Attorney-at-Law Act of this case is highly likely to be subject to criticism, and there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and there is no reason to believe that the defendant's age, character, environment, motive, means and consequence of the crime of this case, the records and arguments of this case, etc. are inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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