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(영문) 대전지방법원 2013.10.16 2013노1665
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against the summary of the grounds for appeal (e.g., imprisonment for a term of one year, confiscation, and collection), the sentence imposed by the court below is too unreasonable.

2. It is recognized that the Defendant’s mistake is deeply divided and reflected.

However, the crime of this case was committed by the defendant after purchasing 0.04 g o.2g from D to G, the defendant sold 0.1g to H a double 0.2g, the remainder of the crime was administered twice by the defendant, and the defendant possessed for smoking marijuana collected from I at Jin-si, and smoked once, and the defendant was not only purchased and sold a penphone, but also administered it for himself, and the defendant collected and stored it for smoking, and the crime was not good, and the crime was not committed. The defendant was committed once imprisonment, suspension of execution, once a fine was imposed, and once a fine was imposed, and it was also repeated for the same crime without any awareness, and the defendant's environment, character and conduct, circumstances, circumstances, and the circumstances of the crime of this case were considered to be inappropriate after considering all the circumstances of the crime of this case, and thus, the judgment of the court below is not justified.

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

However, the court below is also doubtful that it does not confiscate the appraisal consumption requested to the National Institute of Scientific Investigation because it does not specify the amount of evidence 5 and 6 even though it is doubtful, it is stated that only the remaining portion except the part requested for appraisal in the remarks column is forwarded.

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