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(영문) 대구지방법원 2016.08.12 2016노2171
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to Defendant A (three years of imprisonment) is too unhued and unfair.

B. Each sentence (Defendant A: imprisonment with prison labor for three years, Defendant B: imprisonment with prison labor for one year) declared by the court below against the Defendants is too unreasonable.

2. Determination

A. As to the prosecutor and the above defendant's assertion, it is necessary to strictly punish and eradicate narcotics crimes in light of the following: The above defendant's confession of all the crimes of this case and reflects the wrongness of the defendant; the defendant has no record of criminal punishment in Korea; on the other hand, each of the crimes of this case must be viewed as sale, provision, and possession of mecopty as an element of the mecopty ("one-way") while illegally staying in the above defendant; the frequency of the crimes; the quantity of the native mental medicine handled; harm caused by drug addiction and medication; etc.; it is necessary to strictly punish and eradicate narcotics crimes; in particular, it is highly likely that the above defendant spread narcotics to its neighbors; the defendant's new crime of this case's imprisonment with prison labor for up to 2 years; the crime of this case's recommendation or recommendation for sale to the extent that it seems that the above defendant's profits from each of the crimes of this case seems to be somewhat unfavorable to the defendant; and the result of the above punishment seems to be unreasonable to the extent of concurrent crimes.

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