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(영문) 대구지방법원 2017.04.21 2017노54
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant crime while committing the instant crime, which reflects the mistake, that is, once medication and simple possession, that is, the amount of penphones handled by the Defendant, and that the Defendant’s wife wants to take the Defendant’s seat.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of this case needs to be strictly punished and eradicated, and the defendant has the record of being punished 12 times for the same kind of crime. In particular, on May 15, 2014, the Daegu District Court sentenced two years to imprisonment for the same kind of crime, etc. and committed the crime of this case on June 24, 2015 without being aware of the fact that the execution of the punishment was completed on June 24, 2015, and that the defendant's scoponism was detected from scoponism. In light of the fact that the defendant's scoponism was detected, the degree of scopon addiction

In addition to the above circumstances, the court below already sentenced the lower limit of the recommended range in the sentencing guidelines of the Supreme Court on the instant crime in consideration of the circumstances favorable to the Defendant, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was rendered, and considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, circumstances after the crime was committed, and all of the sentencing conditions in the instant case, including the record and changes in the criminal records, it cannot be deemed unfair since the sentence imposed by the court below was imposed.

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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