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(영문) 대구지방법원 2013.10.25 2013노1627
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, and additional collection) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and the misunderstanding, the defendant used 0.03g of the phiphonephones purchased, and the rest brought about G and most of it was seized, the investigation agency found on November 16, 2012 that phiphones were administered on November 12, 2012, cooperation with the investigation of other narcotics-related crimes (general investigation cooperation in the sentencing guidelines), the fact that the money received as the violation of the Attorney-at-law Act was relatively less than 2.1 million won, but the defendant made a record of punishment for a prison term of seven times as a crime of violation of the Act on the Control of Narcotics, Etc., and made it possible for the defendant to receive a punishment for a repeated crime under the pretext of informing him of the fact that he was sentenced to imprisonment with prison labor for an investigation of the crime of violation of the Act on the Control of Narcotics, etc., and made it possible for the defendant to receive a punishment for a repeated crime of this case without the completion of the sentence of this case.

In addition, considering the defendant's age, character and conduct, the background, means and method of the crime of this case, and the circumstances after the crime of this case, all of the sentencing conditions in this case do not seem to be too heavy. Thus, the defendant's assertion 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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