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(영문) 대구지방법원 2016.11.18 2016노3570
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

Samsung Doz., seized Samsung Doz.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the defendant has the record of being punished more than 40 times due to the crime of this case, and in particular, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was under the suspension of the execution period due to the act of the same kind of crime. Meanwhile, although the defendant led to cooperation in the crime of this case, such as the confession of the crime of this case, the purchase for administration and the two-time medication, and the fact that the amount of phiphonephonephones handled by the defendant is not much large, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court on the crime of this case [basic crime and concurrent crimes: the administration and simple possession of the group of narcotics crimes, etc.]

Recommendations for basic areas, medication), basic crimes and first concurrent crimes (basic areas, mitigation elements, important investigation cooperation, and aggravation elements: previous crimes with a stay of execution of less than 3 years: Imprisonment for not more than 10 months to 2 years, and second concurrent crimes: Trade, good offices, etc. of the group of narcotics crimes (b).

The punishment sentenced by the court below is unfair in consideration of the following: the punishment imposed by the court below in accordance with the recommendation type of concurrent crimes (the mitigation field, mitigation element: important investigation cooperation, purchase for medication, and aggravation element: the previous sentence of imprisonment not more than three years: 8 months to 1 year and 6 months; the scope of final recommendation type according to the standards for handling multiple crimes: 10 months to 3 months; : the equity of sentencing with the same and similar incidents; the defendant's age, character and conduct, environment; the motive and background leading to the instant crime; the means and consequence of the instant crime; and the circumstances after the crime, etc., and all of the sentencing conditions specified in the instant records and arguments.

3. According to the conclusion, the appeal by the defendant is reasonable, and therefore, Article 364(6) of the Criminal Procedure Act is applicable.

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