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(영문) 대구지방법원 2014.03.14 2013노3745

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one hundred months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the defendant committed the crime of this case under favorable conditions, such as the confession of all of the crimes of this case and reflects that the defendant is currently dead, and that the defendant has deteriorated health after undergoing the surgery, but the defendant committed the crime of this case during the period of repeated crime for which one year has not passed since he was released from prison after having been sentenced to imprisonment for the same kind of crime (one year of imprisonment). In the case of the defendant, the appropriate range of recommended punishment according to the sentencing guidelines set by the sentencing committee of the Supreme Court [type 3 (b), aggravated factors - previous and present (not more than 3 years of simple possession, etc. of narcotics crime group)] is 1 to 3 years of imprisonment, the court below appears to have sentenced the defendant beyond the above recommended minimum of punishment, taking full account of the above favorable circumstances of the defendant, etc., and considering all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., it cannot be justified for the defendant's assertion that the sentence of the court below is inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.