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(영문) 대구지방법원 2014.10.08 2014노2529
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1,200,000 won shall be additionally collected from the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. In light of the fact that the Defendant’s scopon was detected in the Defendant’s scopon (from the end of 1cm to the end of 3~6cm in scopon), and the rapid increase in the number of narcotics and transactions in the Republic of Korea, under the circumstances that the Republic of Korea is seriously threatened with its position as a clean for narcotics, the Defendant is deemed to have administered scopon with his accomplices, and thus, the crime of this case seems to be inappropriate. However, the Defendant confessions all of the crimes of this case, reflects the fact that the Defendant has no record of criminal punishment after entering the Republic of Korea on October 2012, the health of the Defendant’s parents worsens. Considering that each of the crimes of this case does not seem to have led to the Defendant’s purchase of scopon on the scopon to the sale thereof, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime (two years), the Defendant’s imprisonment with prison labor for a limited period of 2 years to 3 years, the sentencing guidelines for each of the Defendant’s respective crimes of this case, the following two-year sentencing guidelines (one to 3 years or more.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The facts constituting an offense and the summary of evidence recognized by this court shall be as follows.

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