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(영문) 대구지방법원 2015.07.24 2015노2012
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Along with seized gambling, 0.25g philopon 0.25g.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant in excess of the administration of phiphonephones, and is in possession for further sale.

In light of the fact that the crime is not good and the addiction of narcotics and the harm caused by the medication of narcotics, etc., there is a need to strictly punish and eradicate narcotics crimes; the defendant committed the crime of this case without being aware of the fact that he was sentenced to three years of the suspended sentence on September 12, 2013 and was under the suspended sentence on September 12, 2013; the defendant committed the crime of this case without being aware of the fact that he was under the suspended sentence; the transfer of phiphones dealt with by the crime of this case; and the result of the maternity appraisal shows that the degree of phiphone addiction in the crime of this case seems not to be negligible; on the other hand, if the defendant led to the confession of the crime of this case while excluding the previous conviction in Korea, there is no other criminal history of criminal punishment; if he was sentenced to the suspended sentence on September 12, 2013, he shall be sentenced to the punishment of this case including recommendations to implement the crime of this case for the suspension of the suspended sentence for one year and two months.

Recommendations for items, sale) and basic crimes (aggravated area, aggravated factors - previous and previous crimes within three years): Imprisonment for a year and six months from June to four years, 1, and 2: 3 types, such as the administration, simple possession, etc. of the group of narcotics crimes (b).

Title, medication, and possession), the first and second concurrent crimes recommended (aggravated area, aggravated factors - previous and previous ones for not more than three years): Imprisonment with prison labor for one year to three years, and the scope of final recommended punishment following the aggravation of multiple crimes: imprisonment for one year to six years: the defendant's age, character and conduct, environment, and the crime of this case.

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