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(영문) 대구지방법원 2016.10.28 2016노3434
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (eight months of imprisonment) is too unreasonable.

2. We examine the defendants' claims together with the following facts: The defendants are against the confession of the crime of this case; the purchase and the simple medication; the defendants are against the defendants; the defendants have no record of punishment in the Republic of Korea; however, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., narcotics crimes need to be strictly punished and eradicated; and in light of the fact that all the defendants have detected phiphones ingredients from the hair, the degree of phiphones addiction is deemed not to be less somewhat weak; and the court below has already considered favorable circumstances to the defendants, and the scope of recommendations [basic crimes and concurrent crimes: the category 1 and 2: the administration and the simple possession of the narcotics crime group, etc. (b) the three types of recommendations for the crime of this case under the sentencing guidelines of the Supreme Court in consideration of the favorable circumstances to the defendants.

The sentence of recommended punishment for basic crimes and concurrent crimes (basic area): 10 months to 2 years of imprisonment, and the range of recommended punishment according to the standards for processing multiple crimes: Imprisonment with prison labor: 10 months to 3 months; : 8 months); and 10 months to 8 months); there are no extenuating circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment; 20 years to 10 years; and 3 years to 10 years; and 3 years to 3 years; and 3 years to 4 years from the date of the instant case’s records and arguments, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime; and 4 years from the time of the instant crime, the Defendants’ assertion

3. In conclusion, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since they are without merit. It is so decided as per Disposition.

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