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(영문) 대구지방법원 2014.05.30 2014노1006

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one hundred thousand won of collection) is too unreasonable.

2. The judgment of the court below is a favorable condition that the defendant led to the confession of each of the crimes of this case and reflects the mistake, cooperates with the investigation of narcotics crimes, and that there was no record of punishment for the same kind of crime. However, the defendant not only received and administered phiphones by himself but also used phiphones to other persons, and the crime is not good. The judgment below is a recommended type of crime (the crime of violation of the Act on the Control of Narcotics, etc. by Handphones, the crime of violation of the Act on the Control of Narcotics, etc., and concurrent crimes: the crime of violation of the Act on the Control of Narcotics, etc., by the administration and use of phiphones: Imprisonment with prison labor for one year or two years, and recommendation type of concurrent crimes: imprisonment for a more than 10 months or two years, imprisonment with prison labor for a year or more, one year or more: imprisonment with prison labor for a year or more, and considering the defendant's age, character and behavior, circumstances, etc., the sentencing of the crime after comprehensive sentence of this case.

Therefore, the defendant's argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.