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(영문) 대구지방법원 2014.12.19 2014노1548
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: imprisonment (ten months of imprisonment, two years of suspended sentence, two years of probation, and additional collection) imposed by the court below is too uneased and unreasonable.

2. The judgment is reasonable in the quantity of the penphone handled by the defendant, and there are unfavorable circumstances such as the detection of the penphone within the range of 7 cm in length from the part of the defendant's side and the hair (from the mother to the 7 cm in length), but all of the crimes of this case are led to confessions and reflects by the defendant, the defendant voluntarily present at the investigative agency and voluntarily surrenders to the fact of the administration of the penphone, the defendant has no record of criminal punishment, the fact that the defendant expressed his intention, the fact that the defendant expressed his intention, the fact that the defendant purchased the penphone is deemed to have been administered, and the defendant appears to have taken into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the prosecutor's assertion above is without merit.

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

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