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(영문) 대구지방법원 2016.03.25 2016노118
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination of whether the Defendant is guilty of committing the instant crime; the Defendant made a statement to the drug supplier (one life line) at the time of being investigated by an investigative agency and actively cooperates in the investigation into narcotics; the health of the Defendant is not good due to mental illness; however, the instant crime is deemed not only to have administered phiphones but also to have provided phiphones to other narcotics offenders twice, and thus requires strict punishment as it is not good in light of the addiction to narcotics and harm caused by medication of narcotics; in particular, the crime of providing narcotics among the instant crimes requires more severe punishment by spreading narcotics to other persons by means of putting them into the area of narcotics addiction; the Defendant has been sentenced to imprisonment for not more than eight years or criminal punishment (including seven times of actual punishment); the Defendant has been sentenced to imprisonment for the same kind of crime; the Defendant has been sentenced to imprisonment for not more than eight years and to imprisonment for the same kind of crime (including one year of concurrent crimes); the Defendant has been sentenced to concurrent punishment for not more than three years, and the Defendant has already been sentenced to imprisonment for the same kind of crime and concurrent crimes during the sentencing period of the instant punishment.

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