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(영문) 대구지방법원 2014.07.18 2013노3616
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The judgment of the court below is disadvantageous to the defendant, such as the fact that he has been sentenced five times to imprisonment (five times of imprisonment with prison labor) for the same crime, the scope of the recommended sentence of the Supreme Court on the sentencing guidelines for each of the crimes of this case [basic and concurrent crimes: Type 3 (b), such as medication, simple possession, etc. of the drug crime group, type 3 (meb), applicable to the applicable basic field, range of imprisonment from 10 months to 3 years (2 years and 2 years) of imprisonment with prison labor)]. The defendant all of the crimes of this case is led to the confession and reflect of all of the crimes of this case; the crime of this case was committed by the defendant; the defendant was sentenced to imprisonment with prison labor (one year of imprisonment) for the same kind of crime of 206, without being subject to any specific criminal punishment after being released; the defendant expressed his age, character and behavior, environment, motive and circumstance leading to the crime of this case; the defendant's motive and circumstance leading to the crime of this case; thus, the court below's argument that the defendant's punishment can be justified in light.

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

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