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(영문) 대구지방법원 2016.03.25 2015노5001
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered (for each crime set forth in the order of 2015 to 4536 of the lower judgment: Imprisonment with prison labor for 10 months and the crime set forth in the order of 2015 to 4567 of the lower judgment: imprisonment with prison labor for 4 months) is too unreasonable.

2. The judgment of the defendant is in contravention of the wrongness while making a confession of all the crimes of this case. The fraud of this case is a concurrent crime established on November 2, 2012 with the crime of violation of the Road Traffic Act (dacting driving) and the latter part of Article 37 of the Criminal Act, and in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. The criminal proceeds that the defendant actually acquired through the fraud of this case cannot be said to fall short of the corresponding amount of fraud. However, in light of the fact that the defendant purchased phiphonephonephones from another narcotics offender and caused harm from the medication of narcotics, it is necessary to strictly punish and eradicate the crimes of this case. Since the fraud of this case is likely to use the loan system that the defendant conspired with other accomplices to implement in order to support the whole-time funds of the ordinary people, and thus, it cannot be seen that the crime of this case constitutes a serious crime of fraud by obtaining the loan of this case from the financial institution and its policy to collect the loan money of this case.

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