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(영문) 대구지방법원 2014.10.01 2014노2400
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seizure of articles 3 through 7 shall be confiscated.

Reasons

1. The main points of the grounds for appeal are as follows: imprisonment (two years and six months of imprisonment, confiscation, and collection) imposed by the court below is too unreasonable.

2. Although considering the fact that the quantity of the penphone handled by the defendant is about 7g, that the defendant's hair was detected from the defendant's hair, that the defendant tried to conceal the crime by not disclosing specifically about the upper line for purchasing the penphones, allowing his accomplice to make a false statement, etc., the fact that the penphonephones issued by the defendant to F was for sale, that the Republic of Korea is seriously threatened with the position of a clean drug country due to the rapid increase in the number of narcotics and transactions in the Republic of Korea, the defendant administered the penphones with his accomplices, and seems to play a role of increasing the base of the domestic drug medication through handling of the penphones, and that the crime is inappropriate. However, considering the fact that the defendant confessions all of the crimes in this case, and reflects the age of the defendant, that the defendant did not have any record of criminal punishment more than the suspension of execution after entering Korea on May 201, that the defendant did not have any record of punishment for the same kind of crime, that the defendant did not have any record of punishment for each of the same kind of crime in question about the sentencing sentencing sentencing.

3. Conclusion.

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