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(영문) 대구지방법원 2015.06.26 2015노1716
마약류관리에관한법률위반(향정)등
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.

400,000 won shall be additionally collected from the defendant.

Reasons

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

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenses. The Defendant already has the record of criminal punishment (including once a sentence) for the same crime three times on July 10, 2013, and the execution of the sentence was completed one year and six months for the same crime on July 10, 2013, and again commits the instant crime even during the period of repeated crime. The instant crime committed the instant crime. The instant crime was committed under the circumstances where the Defendant purchased phiphones on two occasions after the Defendant administered the phiphones and intrudes on the separate collection place of the racing police station beyond the phiphones, and the nature of the instant crime is not good. Meanwhile, the Defendant’s confession of the instant crime, and the amount of phiphones handled by the Defendant by the instant investigation agency is relatively large. At the time of investigation, the Defendant’s family member’s active cooperation in the instant crime, including the Defendant’s recommendation to trade or investigate narcotics (one person’s name.

Recommendations for basic crimes, purchases), recommendations for basic crimes (basic areas, aggravated factors - previous crimes within three years, mitigation factors - important investigation cooperation): Imprisonment for a period of one year to two years, 1, and 2: 3 types, such as medication, simple possession, etc. (fab) of the drug crime group.

Recommendations for concurrent crimes (basic areas, aggravated factors - previous areas within three years, mitigation factors - important investigation cooperation): Imprisonment with prison labor for not more than 10 months to 2 years, and the scope of final recommendations following the aggravation of multiple crimes: the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, etc. are shown in the records and arguments of this case.

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