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(영문) 대구지방법원 2015.11.20 2015노3788
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant: (a) led to the confession of the instant crime while committing the instant crime; (b) most of the phiphones handled by the Defendant (3.8g) by the instant crime were seized to an investigative agency; (c) actively cooperate in the investigation into narcotics by the investigation agency to make a statement with respect to the drug supplier (one-time merchant line) who provided the phiphones to the Defendant; and (d) was submitted with the public document that the said drug supplier was detained by the Defendant’s cooperation in the investigation as above; (b) however, the instant crime is in possession of the remaining phiphones after the Defendant offered other narcotics-related criminal one phiphonephones and purchased approximately five g of the phiphones from the upper line and administered them once.

In light of the exposed case of narcotics addiction and the harm from medication, etc., it is necessary to strictly punish and eradicate narcotics crimes. In particular, the crime related to the delivery (Provision) of narcotics is in need of the corresponding punishment because it distributes narcotics to others by omitting them into narcotics addiction. The amount of penphones handled by the crime of this case is significant, the result of maternity test is ‘training' reaction (the previous section from 12cc to 12cc). In light of the fact that the defendant's phiphone addiction degree seems not to be less easily. In addition, the defendant has already been subject to criminal punishment several times for the same crime (including five times the actual sentence). In particular, the defendant was sentenced to one year of imprisonment for the same crime on February 21, 2012 and completed the execution of the sentence, and then, the crime of this case is committed again during the period of repeated crime, the fair sentencing with the same kind of crime, the sentencing guidelines for the punishment of this case, the basic sentencing guidelines for the sale and brokerage of the same type of crime of this case and the basic punishment for the concurrent crime of this case.

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