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(영문) 대구지방법원 2014.03.28 2014노65
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below is too unhued and unfair.

B. The punishment sentenced by the lower court to the Defendant (one hundred thousand won in imprisonment for a period of eight months, additional collection) is too unreasonable.

2. The judgment of the court below has favorable circumstances such as the confession of the crime of this case, the confession of the crime of this case, the fact that the part part of the body is clearly expressed, the aggravation of the body of the defendant, the aggravation of the body of the defendant due to urology, etc., and the crime of this case is one-time medication. However, although the defendant had the record of punishment five times (two times of imprisonment, two times of suspended execution, and one time of fine) for the same crime, the defendant committed the crime of this case during the period of repeated crimes for which three months have not passed since he was discharged from prison (ten months of imprisonment) after taking the sentence for the same crime of this case into consideration, the fact that the defendant committed the crime of this case during the period of repeated crimes for which three months have not passed since he was discharged from prison, the fact that the defendant was able to escape the disturbance, etc. after administering the philopon, the sentencing guidelines of the Supreme Court for the crime of this case [basic crime: Type 3 (G) among narcotics and simple possession, etc., the motive of imprisonment, the previous one year imprisonment and the following three years or more.].

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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