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(영문) 대구지방법원 2014.05.02 2014노122

마약류관리에관한법률위반(향정)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (two years of imprisonment, confiscation, additional collection, one year of imprisonment, three years of suspended execution, and additional collection) declared by the court below to the Defendants.

2. Determination

A. Although there are favorable circumstances, such as the confessions and reflects of the Defendant A to commit the instant crime, the fact that the Defendant cooperates in the investigation into the arrest of a narcotic offender, the health of the Defendant and the mother of the Defendant worse, and the mother of the Defendant seems to require support from his family, the Defendant has the history of punishing about 11 times (one-year imprisonment) for the same crime. The Defendant committed each of the instant crimes within the short period of not more than one year after he was released from prison for the same crime (one year and one hundred months), and each of the instant crimes appears to be inferior to the quality of the instant crimes, taking into account the following circumstances: (a) the extent of the recommended punishment by the Supreme Court for each of the instant crimes [basic crimes and one, two years and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and more; (b) the motive and circumstances of the Defendant’s imprisonment with prison labor for each of the instant crimes; (c) the Defendant’s imprisonment with prison labor for not more than two years and three years and four years and four years and more;

B. Defendant B led to the confession and reflect of the instant crime, the Defendant cooperatedd with the investigation into the arrest of a drug offender and a person committing the said offense, and the Defendant’s objection.