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(영문) 대구지방법원 2015.11.06 2015노3606
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 defendant committed the crime of this case under favorable circumstances such as the confession of the crime of this case and the defendant's family members wanting the Defendant's wife. However, the crime of this case is necessary to strictly punish and eradicate narcotics offenders in light of the addiction of narcotics and the harm caused by medication of narcotics through the repeated administration four times from February 2015 to May 2015. In light of the fact that the defendant committed the crime of this case even though he was sentenced to the suspension of one year of imprisonment with prison labor for the same crime of 2007 and was sentenced to the suspension of three years, the crime of this case was committed, and the result of the maternity appraisal was "training" reaction, it seems that the degree of the Defendant's addiction to the phone phone addiction is not less exceptionally considered after the sentence of the judgment of the court below, and there is no special circumstance or change of circumstances that may newly be considered after the sentence of the judgment below, and the sentencing guidelines of the crime of this case is within the scope of recommendation guidelines [basic punishment of punishment and the category of concurrent crimes of Type 3(b).

The recommended punishment (basic area): 10 months to 2 years of imprisonment, and 1 and 2 concurrent crimes: the scope of the final recommended punishment due to the aggravation of multiple offenses: Imprisonment with prison labor; 10 months to 3 years; :8 months); and other factors of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below cannot be deemed unfair. Thus, the above argument by the defendant is without merit.

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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