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(영문) 대구지방법원 2015.08.21 2015노2364
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

170,000 won shall be additionally collected from the defendant.

Reasons

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

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., it is necessary to strictly punish and eradicate narcotics crimes; the defendant has the record of criminal punishment for two times as a same crime; the results of the climatic test shows that the defendant's climatic addiction seems to be less than that of the defendant's climatic addiction; however, although there are unfavorable circumstances such as the confession of the crime in this case and the defendant reflects the mistake; on the other hand, the defendant has no record of criminal punishment exceeding that previous and fine after he was sentenced to imprisonment for one year and three months for the same crime in 198; the amount of cliphonephones handled by the crime in this case is relatively large; the amount of the defendant's cliphonephones actively cooperate in the investigation of narcotics-related crimes including the drug supplier (one name line) at the time of the investigation by the investigation agency; the sentencing guidelines for the crime in this case, such as informing the other narcotics-related criminal and reporting the criminal in this case.

In consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the instant crime, the punishment imposed by the lower court is deemed unfair, in view of the following factors: (a) the punishment imposed by the lower court is deemed unreasonable: (b) the period of imprisonment from August to June; and (c) the scope of the final recommendation based on the aggravation of multiple offenses; (b) the period of imprisonment from August to June; and (c) the period of imprisonment from February to September; and (d) the period of imprisonment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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