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(영문) 대구지방법원 2016.07.22 2016노2184
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination of the facts that the defendant made a confession of the crime in this case while committing the crime in favor of his wrongness, health condition, etc. However, the crime in this case requires strict punishment in light of the addiction to narcotics and harm caused by administration of narcotics, etc. on the two occasions with the delivery of phiphonephones without compensation. The defendant has the record of criminal punishment (two times of imprisonment and one time of suspended execution) several times for the same crime, and the defendant has no record of unfavorable circumstances after being detained for the crime in this case, such as being warned of a violation of discipline. The court below did not appear to have taken into account the above favorable circumstances, such as the defendant's recommendation [basic crime and one concurrent crime: the age limit of 3 years for the crime in this case; the defendant's imprisonment with prison labor for a simple possession of the military; the defendant's recommendation for the crime in this case; the defendant's imprisonment with prison labor for six months or more; the defendant's recommendation for the crime in this case; the defendant's final sentencing guidelines for the crime in this case; and the defendant's recommendation for the punishment in this case.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Provided, That the judgment of the court below is ex officio under Article 25 (1) of the Rules on Criminal Procedure.

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