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(영문) 대구지방법원 2019.09.27 2019노2931
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The facts that the defendant led to the confession of the crime of this case and reflects the mistake are favorable to the defendant.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the defendant purchases and administers phiphones several times, and sells a considerable number of phiphones to many people. Such crime is an act of spreading narcotics to the surrounding people, which is highly likely to be subject to criticism, and the defendant has the criminal power sentenced several times to imprisonment with prison labor due to the same kind of crime, and in particular, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower court, and there is no other defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records and arguments of this case such as criminal records and arguments. Thus, the defendant's assertion is without merit.

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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