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(영문) 대구지방법원 2012.12.28 2012노3467
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable circumstance such as the fact that the defendant made a confession of each of the crimes in this case and has been detained for a considerable period of time, the violation of the Act on the Control of Narcotics, Etc. (fence) is merely a case where phiphones are administered once, and the victim of the damaged part has agreed with the victim of the crime. However, each of the crimes in this case is not good for the crime to be committed as a case where the defendant intrudes on the side where phiphones were administered in the her body state after the administration of phiphonephones, and damages the collection of the toilets, etc., which led to a serious shock of female students. Accordingly, the victim seems to have been punished four times for the crime of narcotics, and the defendant was punished four times for the same crime of narcotics, and there was no more than one month after being released from prison for the same crime, and there is no reason to view that the defendant's second crime of this case was committed under the unfavorable circumstances, such as the defendant's age, character and behavior, and health status, etc.

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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