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(영문) 대구지방법원 2014.04.25 2014노384

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 (one hundred months of imprisonment, five hundred and fifty thousand won of collection) is too unreasonable.

2. The judgment of the court below is a favorable crime such as the confession of each of the crimes in this case, the defendant reflects his mistake, actively cooperates in investigation, the defendant has no record of criminal punishment for a crime related to narcotics since 2003, and shows strong intent to do so. However, the defendant has a criminal record of being punished for the same crime, and the defendant has no record of being punished for the same crime five times, and the purchase and delivery of phiphones, etc. are not suitable for the crime. At the court below, the decision by the Supreme Court's sentencing guidelines for the narcotics crime in this case (basic crime: the violation of the Act on the Control of Narcotics, etc. by the sale and delivery of phiphones, each crime of violating the Act on the Control of Narcotics, etc. by the sale and delivery of phiphones: Imprisonment with prison labor for one year or more years, imprisonment with prison labor for two years or more, imprisonment with prison labor for a majority of years or years, one year or more, or more years or less, the defendant's health, condition of personality and behavior, etc.).

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.