logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.11 2019노2346
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (ten months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

The fact that the defendant confessions the crime of this case for the first time, and reflects the mistake, etc. are favorable to the defendant.

On the other hand, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate narcotics crimes; the Defendant has criminal records of imprisonment with prison labor for the same kind of crime; and the Defendant’s shotphones are detected from the Defendant’s hair in light of the detection of phiphones from the Defendant’s hair, etc., it seems that the Defendant’s degree of phiphone addiction seems to be disadvantageous to the Defendant.

In addition, considering all sentencing conditions specified in the records and arguments of the instant case, such as the scope of recommendations on the sentencing guidelines for the instant crime (from August to June), the age, character and conduct, environment of the Defendant, motive, means and consequence of the instant crime, circumstances after the instant crime, criminal records, etc., the sentence imposed by the lower court cannot be deemed to be too weak or unreasonable. Thus, both the prosecutor and the Defendant’s assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

arrow