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(영문) 대구지방법원 2015.07.17 2015노1392
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

350,000 won shall be additionally collected from the defendant.

Reasons

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

2. The crime of this case is deemed to have been committed four times and there is a need to strictly punish and eradicate narcotics offenders in light of the addiction of narcotics and the harm caused by the medication of narcotics. The defendant has the record of criminal punishment eight times as to the same crime. The defendant was sentenced to imprisonment on May 16, 2013 and has committed the crime of this case even during the period of repeated crimes after the execution of the sentence was completed. However, there are unfavorable circumstances, such as the crime of this case, even though he was committed during the period of repeated crimes, although he was sentenced to imprisonment on May 16, 2013. However, the defendant was present at the prosecutor's office and voluntarily surrenders himself, and reflects the wrong in the confession of the crime of this case; the amount of the phone handled by the defendant; the amount of the phone handled by the defendant is relatively small; the health condition and home condition of the narcotics supplier at the time of being investigated by the investigative agency; the sentencing guidelines for the crime of this case is not sufficient; the sentencing guidelines for the crime of this case; the scope of the basic sentencing guidelines and types of the three types.

Considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant records and arguments, such as the following circumstances after the instant crime, the sentence imposed by the lower court is somewhat inappropriate. In so doing, it is determined that the sentence imposed by the lower court is inappropriate, considering all of the sentencing conditions specified in the instant records and arguments.

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

Criminal facts and the summary of evidence recognized by the court.

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