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(영문) 대구지방법원 2014.07.04 2014노1503
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one hundred months of imprisonment and additional collection) is too unreasonable.

2. The judgment of the court below is a favorable circumstance that the defendant led to the confession and reflect of the crime of this case, the crime of this case is to be administered once after purchasing phiphones. The defendant voluntarily surrenders himself after the crime of this case, the defendant's health has deteriorated and needs to support his family members. However, the defendant has the records of punishment twice (one time of suspended execution, one time of imprisonment) for the same crime. The defendant has the records of punishment 15 times for the crime of this case. The defendant committed the crime of this case without knowing that he was sentenced to a suspended sentence of imprisonment (one year of imprisonment and two years of suspended execution) for the purchase and medication of phiphones, and was sentenced to a suspended sentence of imprisonment (one year of suspended sentence, two years of suspended sentence), and the recommended sentencing guidelines of the Supreme Court for each crime of this case [basic crime: imprisonment with prison labor for the military forces, for example, two years (one year of suspended sentence, one year of imprisonment with prison labor), for the punishment of this case; imprisonment with prison labor for each of the above crimes of this case; imprisonment with prison labor for not more than two years (2 years) and one year of imprisonment, three years, the previous sentence.

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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