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(영문) 대구지방법원 2016.03.09 2015노5351

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is going against the defendant's mistake while making a confession of the crime of this case. Although the defendant was under investigation upon the defendant's report, there were favorable circumstances such as the defendant's leaving an investigative agency for his own investigation, but in light of addiction to narcotics and harm caused by medication of narcotics, it is necessary to strictly punish and eradicate the crime of this case. Meanwhile, the defendant has three times of punishment for the same crime, one time of suspended execution, and one time of punishment for the defendant's maternity (8 to 10cm in length). The defendant's scopon ingredients were detected in writing and seems to have been administered habitually from the whole area of the crime of this case. The defendant cannot reverse his statement about the method or frequency of the crime of this case, the defendant's statement about the acquisition of narcotics: the scope of punishment recommended [the basic crime: the defendant's age limit [the defendant's imprisonment with prison labor for 3 months, the background leading up to the crimes of this case's imprisonment with prison labor for the crime of this case, 1 to 2 years, the basic sentencing range of punishment (2 months).

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.