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(영문) 대구지방법원 2019.06.21 2019노1428
마약류관리에관한법률위반(향정)등
Text

1. The part of the judgment below against Defendant C is reversed.

Defendant

C A person shall be punished by imprisonment for not less than six months.

except that this shall not apply.

Reasons

1. The main points of the grounds for appeal are as follows. Each punishment of the lower court against the Defendants (one year of imprisonment and one year of confiscation, additional collection, ten months of imprisonment and ten months of collection, Defendant C: Imprisonment with prison labor, six months of confiscation and additional collection, and additional collection) is too unreasonable.

2. Determination

A. Defendant A and B’s respective arguments on unfair sentencing are favorable circumstances, such as recognizing and opposing their mistakes, and having no criminal records punished in the Republic of Korea.

However, since narcotics-related crimes are highly likely to repeat crimes due to their toxicity, etc. and are highly harmful to individuals and society, it is necessary to strictly punish them. Furthermore, in full view of various circumstances, including Defendant A and B’s mere administration of narcotics, rather than Defendant A and B’s mere administration of narcotics, which caused another person’s narcotics crimes by selling narcotics or arranging the sale and purchase of narcotics, the crime of violation of the Immigration Control Act is not more than four years, and the illegal period of sojourn in Defendant A and B is more than four years, respectively, and the lower court’s punishment in Defendant A and B falls short of the recommended range of punishment according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, or is lower than that, and other various circumstances that are the conditions of sentencing set forth in the argument of the instant case, such as Defendant A, B’s age, character and conduct, environment, family relationship, motive, means and method of the crime, and the circumstances after the crime, it cannot be deemed that each sentence imposed on Defendant A and B is unfair.

Therefore, Defendant A and B’s assertion of unfair sentencing is without merit.

B. As seen earlier, there is a need for strict punishment for crimes related to narcotics, etc. regarding Defendant C’s assertion of unfair sentencing. However, Defendant C’s purchase of narcotics and the number of such crimes was limited to once each, and the number of such crimes was limited to only one time, Defendant C’s mistake is recognized and reflected, Defendant C has no criminal record subject to punishment in the Republic of Korea, Defendant C’s illegal period of sojourn and others.

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