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(영문) 대구지방법원 2015.12.04 2015노3836
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is favorable to the fact that he made a confession of the crime of this case while committing the crime of this case, that the amount of the penphone handled by the defendant is not much more than the amount of the penphones handled by the defendant, that the relevant public document was submitted to the investigation agency, that the defendant's family members and scamblings the defendant's preference. However, the crime of this case is not only twice since the defendant administered penphones but also the case where the other narcotics crimes are delivered a penphones, and it is necessary to strictly punish and eradicate narcotics crimes in light of the addiction of narcotics and harm caused by the medication of narcotics. In particular, among the crimes of this case, more severe punishment is required to spread and distribute narcotics by placing other persons into drug addiction, and the defendant has been sentenced to imprisonment with prison labor for the same kind of crime of this case and has already been sentenced to criminal punishment for the same kind of crime of this case during the period of 17 years.

Recommendations for basic crimes (basic areas, aggravated factors - previous and previous crimes within three years, mitigation factors - important investigation cooperation): Imprisonment for one year to two years, 1, and 2 concurrent crimes: the administration, simple possession, etc. of the drug crime group (fab).

Recommendations for concurrent crimes (aggravated area, aggravating factors - previous districts within three years, mitigation factors - important investigative cooperation: 10 months to two years, and aggravating multiple crimes.

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