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(영문) 대전지방법원 2014.01.08 2013노2347
마약류관리에관한법률위반(향정)
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 with prison labor, confiscation, and collection 619,740 won), the punishment sentenced 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 0.07 g from E and selling it to H. In other words, the defendant directly administered 0.03 gh from E and possessed for sale of the remainder to H. The defendant was not only engaged in the purchase and sale of the philop, but also engaged in the purchase and sale of the philop, and the nature of the crime is not good. The defendant had been punished eight times as punishment, including that sentenced to six months of imprisonment for the same kind of crime. In particular, on July 26, 2011, the defendant was sentenced to imprisonment with prison labor from Busan District Court for about 0.76 g, and the defendant was in possession for sale of the philopop, and the defendant did not have to be punished for the same offense as that of the defendant's repeated crime without any circumstances such as violation of the Act on the Control of Narcotics, etc., and the defendant's assertion that the crime of this case was committed during the period of imprisonment with prison labor of the same kind.

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

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