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(영문) 대구지방법원 2015.04.03 2015노303
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and six months of imprisonment, an additional collection of KRW 562,00) is too unreasonable.

2. Although there are favorable circumstances such as the confession of the instant crime and the violation of the Act on the Control of Narcotics, etc., the Defendant, while on the other hand, has the record of criminal punishment twice a sentence due to the violation of the Act on the Control of Narcotics, etc., the Defendant committed the instant crime during the period of repeated crimes after the Defendant was sentenced to imprisonment for the same crime (eight months). In light of the addiction to the instant crime, the harm caused by the medication of narcotics, the risk of recidivism, etc., it is necessary to strictly punish and eradicate the instant crime. The scope of recommended sentencing guidelines for the instant crime [each basic crime: the trading and good offices of the narcotics crime group, etc.] on the recommendation type 2 (f) of the instant crime.

Recommendations for each basic crime (aggravating area - the aggravated factor): Imprisonment with prison labor for a year and six months to four years, each concurrent crime: the administration, simple possession, etc. of a group of narcotics crimes (b).

The types of recommendations for each concurrent crime (a) and each concurrent crime (aggravated - aggravating factors: 1 to 3 years of imprisonment, and 1 to 6 years of imprisonment), and the scope of final recommendations for multiple concurrent crimes: imprisonment) and other factors of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below cannot be deemed unfair. Thus, the above arguments by the defendant are 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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