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(영문) 대구지방법원 2016.11.24 2016노3228
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and forfeiture of No. 1) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case and reflected his mistake.

On the other hand, the fact that the Defendant had been sentenced to imprisonment for the same kind of crime, and the Defendant committed the instant crime again during the period of repeated crime for which two years have not passed since the execution of the sentence was completed on July 28, 2014, is disadvantageous to the Defendant.

In light of the above circumstances and the results of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court, the sentence of the court below is deemed to be appropriate as a sentence within the scope of the sentencing discretion, in consideration of the following circumstances: (a) types 1 (Hicic substances), (a) medication, simple possession, etc. of narcotics - / [a person who has a special appearance] / [a person who has a suspended sentence for not less than three years] the previous conviction (the decision on the recommended area] [a person who has a suspended sentence for not less than three years] and the aggravated area [a scope of the recommended area] from August to June; and (b) other circumstances that form the conditions for sentencing

Therefore, 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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