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(영문) 대구지방법원 2016.01.15 2015노4745
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 whether the Defendant is guilty of committing the instant crime; the instant crime is revealed to have been committed by information to the investigation agency of the Defendant’s father; the volume of phiphones handled by the Defendant is relatively low; and the Defendant cooperates with the narcotics-related investigation agency at the time of investigation by an investigation agency. However, the instant crime is necessary to strictly punish and eradicate narcotics offenders in light of the addiction to narcotics and harm caused by medication of phiphonephones received from other narcotics on two occasions (including four times of actual punishment); the Defendant has been sentenced to imprisonment with prison labor for the same kind of crime on October 25 and February 15, 2013; the Defendant appears to have been sentenced to imprisonment with prison labor for not more than 1 year and 2 months; and the Defendant has been sentenced to imprisonment with prison labor for not more than 1 year and 3 years; and the Defendant appears to have complied with the instant punishment during the period of further punishment by taking into account the following factors: the Defendant’s motive for committing the instant crime; the instant crime is deemed to have been sentenced to imprisonment with prison labor for not more than 1 year or less than 4 years.

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