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(영문) 대구지방법원 2014.08.13 2013노3834
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (a fine of KRW 7 million, additional collection of KRW 5.9 million) imposed on the Defendant by the lower court is too unfluent and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment of the court below was made on April 13, 2012. The defendant was sentenced to one year and eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., which became final and conclusive on April 21, 2012, and the crime of this case is concurrent with the latter part of Article 37 of the Criminal Act. The defendant's crime of this case appears to be inferior to the quality of the crime because it is deemed that the defendant's act of administering phiphones and arranged the sale of phiphones. The defendant had the record of punishment eight times (seven times of imprisonment, one time of fine) for the same crime; the defendant committed the crime of this case without prison labor for the same one year and six months; the defendant's imprisonment with prison labor for the crime of this case; the defendant's motive and punishment for each of the above crimes of this case; the defendant's motive and punishment for the aggravated crimes of this case; the defendant's imprisonment with prison labor for the same crime of this case; the defendant's motive and punishment for each of this case; the defendant's punishment of this case;

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