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(영문) 대구지방법원 2016.09.09 2016노2987
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (eight months of imprisonment) is too unreasonable.

2. Determination of the facts that the Defendants made confession of the instant crime while committing the instant crime, their purchase and simple medication, Defendant A did not have any specific criminal record except for the punishment imposed by a fine due to drinking, Defendant B was a primary offender. However, in light of the addiction of narcotics and harm caused by administration of narcotics, etc., the Defendants need to strictly punish and eradicate the instant crime. In light of the fact that phiphone ingredients were detected from the maternity of the Defendants, it seems that the degree of phiphone addiction is not easy. The lower court does not seem to have taken into account the favorable circumstances for the Defendants, and the scope of the recommended punishment [basic crimes and concurrent crimes No. 1] under the sentencing guidelines of the Supreme Court on the instant crime. The lower court did not appear to have any specific record of the Defendants’ administration and mere possession of narcotics crimes: imprisonment with prison labor for six months or more; imprisonment with prison labor for six months or more; imprisonment with prison labor for the instant crime; imprisonment with prison labor for six months or more; imprisonment with prison labor for six months or more; and imprisonment with prison labor for six months or more concurrent crimes (one year or more).

3. In conclusion, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ respective appeals are without merit. It is so ordered.

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