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(영문) 대구지방법원 2014.11.28 2014노3288
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

50,000 won shall be additionally collected from the defendant.

Reasons

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

2. The judgment has a history of punishment nine times for the same crime; the defendant was sentenced to imprisonment (one year and two months) for the same crime; the defendant committed the crime of this case during the repeated crime without being aware of himself/herself after being released; the defendant's scamphones were detected from the scam and hair (6-8cm in length) of the defendant; the defendant's scams were found to be self-denunciation in the situations of decam where phiphones were administered directly to an investigative agency, although the defendant reported scams to the investigative agency; the defendant's driving of the camphones and seems to be highly dangerous; the defendant did not clearly state his/her upper line to the original court; however, the defendant led to the confession and reflect of the crime of this case; the crime of this case was committed twice in the form of a camphone; the defendant's 3 years imprisonment with prison labor and scambling conditions for the crime of this case; the defendant appears to have been sentenced to imprisonment with prison labor or imprisonment with prison labor; the remaining factors of each of this case; the crime of this case 4 years excluding the maximum sentencing.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is reversed.

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