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(영문) 대구지방법원 2016.10.21 2016노3459
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is in favor of the Defendant’s confession of the instant crime, and there is a need to strictly punish and eradicate the instant crime in light of addiction to narcotics and the harm caused by medication of narcotics, etc., and the Defendant has been sentenced to imprisonment three times with prison labor for the same kind of crime. In particular, on February 5, 2015, the Daegu District Court sentenced the Defendant to imprisonment for the same kind of crime on December 1, 2015 and was sentenced to two months at the Daegu District Court for the same crime on December 1, 2015, and again commits the instant crime within eight months after release without being aware of the fact that the execution of the instant punishment was completed and was during the period of repeated crime, and the scope of recommendation [basic and concurrent crimes: the administration and simple possession of the drug crime group] under the sentencing guidelines of the Supreme Court on the instant crime.

The recommended types of crimes, medication), basic crimes and concurrent crimes (the range of the final recommended sentences according to the standards for processing multiple crimes: one year to three years of imprisonment, and the period of imprisonment: one year to four years and six months); the fact that there are no extenuating circumstances or changes in circumstances that may be newly considered after the decision of the court below; the defendant's age, character, character, environment, motive, means and consequence of the crime of this case; circumstances after the crime was committed; criminal records; and all of the sentencing conditions specified in the records and arguments of this case, such as the records and arguments of this case, cannot be deemed unfair. Thus, the defendant's assertion is without merit.

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.

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