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(영문) 대구지방법원 2015.12.18 2015노4333
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is the confession of the crime of this case and reflects the mistake, the amount of the penphone handled by the defendant is relatively little, and most of them are seized to an investigative agency. However, in light of the addiction of narcotics and the harm caused by administration of narcotics, etc., it is necessary to strictly punish and eradicate the crimes of this case, and there is a history of criminal punishment on two occasions due to the same crime, and in particular, the crime of this case was committed on August 14, 2013 after being sentenced to imprisonment with prison labor for the same crime of the same kind on the same day and for one year and two months, and the execution of the sentence was completed, and even during the period of repeated crime, it seems that the degree of addiction of the defendant's cellphones seems not to be negligible, in light of the fact that the result of the maternity appraisal was caused by "training" reaction, the extent of recommendation of the sentencing guidelines of the Supreme Court for the crime of this case [basic and concurrent crimes: the scope of punishment of punishment under the sentencing guidelines of the same kind of crimes.

The recommended types of crimes, including the title, medication and possession), the basic crime and concurrent crimes (aggravated area, aggravated factors - previous ones within three years): Imprisonment with prison labor for a period of one year to three years, and the scope of final recommended sentences following the aggravation of multiple crimes: imprisonment for a period of one year to four years: the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the records and arguments of this case, such as the circumstances after the crime, are considered, and thus, the sentence imposed by the court below cannot be deemed unfair. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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