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(영문) 대구지방법원 2016.01.22 2015노4801

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined to have improved both descendants after the Defendant administered philophones, and shows typically the harm and danger of the crime of this case to the beauty room operated by the victim. It is not good that the crime is committed. The defendant has already been punished several times due to drug crimes (including six times of punishment). In particular, on June 22, 2012, he was sentenced to three years to imprisonment with prison labor for the crime of this case and committed the crime of this case again during the period of repeated crimes. However, on the other hand, the defendant committed all of the crimes of this case; he was sentenced to imprisonment with prison labor for not more than six years; he was sentenced to imprisonment with prison labor for not more than one time; he was sentenced to imprisonment with prison labor for not more than three years; he was sentenced to imprisonment with prison labor for not more than six years; he was sentenced to imprisonment with prison labor for not more than six years; he was sentenced to imprisonment with prison labor for the crime of this case; he was found to have committed the crime of this case; the amount of the victim's quantity of harm caused by the crime of this case; the same kind of punishment of punishment

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.