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(영문) 대전지방법원 2020.10.22 2020노2579
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One divers (Evidence No. 1) that has been seized.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of probation, probation, confiscation, and collection in one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The defendant recognized all his mistake and is in depth against his depth.

At the time of preventing the Defendant from committing the instant narcotics, there was no record of criminal punishment for the narcotics-related crimes.

In addition, the agreement with the victim G of special violence was made, and the above victim expressed his wish not to punish the defendant.

This is the circumstances favorable to the defendant.

However, it is necessary to strictly cope with narcotics-related crimes, which have a significant negative impact on society as a result of their halluity and toxicity, and high risk of recidivism.

In this case, the amount of philophones purchased by the defendant is reasonable and the number of administered times is also high.

In particular, even after being examined by the police due to the administration of philophones, the Defendant does not seem to have shown her opening, such as administering philophones.

In addition, it is not good that the crime of special assault is committed in that the head of the secondary body, which can be injured by the defendant as a dangerous object, has been assessed.

Although the defendant had had been subject to several dispositions on juvenile protection cases against fraud, he/she once again acquired financial benefits by deceiving the victim He/she, and the above victim expressed his/her wish to punish the defendant because the damage has not yet been recovered.

Considering such unfavorable circumstances, it is judged that it is necessary to punish the defendant with severe punishment corresponding to his responsibility.

In addition, when comprehensively considering the motive, background, means and methods of each of the instant offenses, the circumstances before and after the commission of the offense, the age of the accused, character and conduct, and environment, and the scope of recommended sentences according to the sentencing guidelines.

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