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(영문) 대구지방법원 2016.06.03 2016노1397
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is a favorable circumstance that the defendant led to the confession of the crime of this case while committing the crime of this case, the amount of philophones that the defendant arranged for the sale and purchase, and the profits acquired by the crime of this case seems to be excessive. However, in light of addiction to narcotics and harm caused by administration of narcotics, etc., narcotics crimes need to be strictly punished and eradicated. In particular, the act of arranging the sale and purchase of philophones, such as the crime of this case, spread philophones to the surrounding people, which has a high possibility of criticism. In particular, the defendant committed the crime of this case again without being aware of the fact that he was sentenced to imprisonment three times for the same crime, and in particular, during the period of repeated crime due to the same crime, he again committed the crime of this case without being aware of the fact that he had been sentenced to imprisonment, and the court below did not consider the favorable circumstances of the defendant, and there is no change in the sentencing guidelines of the Supreme Court on the crime of this case [Article 2 (b).

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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