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(영문) 대구지방법원 2015.11.13 2015노3717

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

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

One during which seizure has been effected (No. 1).

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The determination of the crime of this case requires strict punishment and eradication in light of the addiction of narcotics and the harm caused by administration of narcotics, etc. as the case where the defendant purchased phiphones in D and administered them three times. The amount of phiphones handled by the defendant is not much. The defendant has the record of criminal punishment several times for the same crime (in fact two times, one time during the suspension of execution). In particular, the defendant was sentenced on January 17, 2014 to imprisonment with prison labor for the same crime on the same crime on the one-year and two months after the execution of the punishment was completed, and again commits the crime of this case even during the repeated period after the execution of the punishment was completed. However, the defendant is against the wrongness while the crime of this case was led to the confession of the crime of this case, the defendant appears to have committed the crime of this case without questioning his intention by showing his phiphones to the defendant, and the defendant's motive and condition of the crime of this case are considered as being unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and selective narcotics, etc.;