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(영문) 대구지방법원 2014.04.25 2014노524
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below is too unhued and unfair.

B. The punishment sentenced by the lower court to the Defendant (two years of imprisonment, additional collection of KRW 2.5 million) is too unreasonable.

2. The judgment of the court below reveals that the defendant committed each of the crimes of this case during the period of repeated crime after being sentenced to imprisonment (one year and six months) with prison labor for the same kind of crime, and committed each of the crimes of this case during the period of repeated crime after being sentenced to imprisonment (one time and five times of imprisonment). Each of the crimes of this case is deemed to be poor in quality of crime, the quantity of the penphone (4.7g) handled by the defendant is not large enough, and the defendant's appearance of the crime of this case is deemed to be worse in light of the favorable circumstances such as the fact that the defendant made a confession of all of the crimes of this case and reflects the health of the defendant by spine operation, etc., favorable circumstances such as the expression of her mother's appearance, etc., the extent of recommendation [basic crimes, 1,2 years and imprisonment with prison labor for each of the crimes of this case, etc., Type 2 (b) of the Drug Crimes, circumstances favorable to the prosecutor and the defendant's imprisonment with prison labor for not more than three years and four years (one year or more than four years).

3. In conclusion, the appeal by the prosecutor and the defendant is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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