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(영문) 대구지방법원 2015.08.12 2015노2127
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 court below was made in favor of the defendant, such as the fact that the defendant made confession of the crime of this case while committing the crime of this case, the fact that the defendant's health condition is not good, and his family members and shots wanting to take advantage of the defendant's wife. However, the crime of this case is necessary to strictly punish and eradicate the crimes of this case in light of the addiction to narcotics and the benefits from the medication of narcotics as the case where the defendant mediated the trade of shotphones equivalent to about 10g and received two times of shotphones, etc., and the defendant had the records of criminal punishment several times of the crimes of this case (including one time of actual punishment and one time of suspended execution). In light of the considerable fact that the transfer of shotphones handled by the crime of this case, and the result of the maternity appraisal was "training response", it seems that the degree of addiction to shotphones of the defendant's written judgment seems to be less severe, and the court below already sentenced the punishment of this case of this case to the maximum sentencing guidelines (the punishment of this case.

Title, good offices) and recommendation type of basic crimes: Imprisonment with prison labor for one year to two years, 1, and 2 concurrent crimes: Type 3, such as medication, simple possession, etc. of a group of narcotics crimes (fab).

The recommended types of concurrent crimes (basic areas): Imprisonment with prison labor for not less than 10 months from 2 years to 3 years: Imprisonment for a period of 10 years, and the range of recommended sentences following the aggravation of multiple crimes: The defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, are considered, it cannot be deemed that the sentence imposed by the court below is inappropriate. Thus, the defendant's above assertion is without merit.

3. If so, the defendant's appeal is justified.

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