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(영문) 대구지방법원 2014.04.25 2014노604
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, one hundred thousand won of additional collection) is too unreasonable.

2. The judgment of the court below is a favorable circumstance such as the confession of each of the crimes of this case, the defendant reflects his mistake, the defendant actively shows treatment intention, the statement from an investigative agency to cooperate in an investigation, the defendant was judged at Grade C with mental disorders, and the defendant was judged at Grade C with no health condition due to high blood pressure, etc., but the defendant was sentenced four times to imprisonment for the same crime, and the defendant was sentenced at the Daegu District Court on February 15, 2013 to 10 months for the violation of the Act on the Control of Narcotics, etc. (fence) and committed the crime of this case during the repeated period after the execution of the punishment was completed on October 29, 2013, and the defendant committed the crime of this case during the repeated period after being sentenced to 10 months for the crime of violation of the Act on the Control of Narcotics, etc., the defendant seems to have high risk of repeating the crime of this case on December 31, 2013, the court below's sentencing guidelines of the crime of this case is not lower than the previous sentence of imprisonment to 3 years.

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.

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