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(영문) 대전지방법원 2013.05.29 2013노456
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (e.g., imprisonment, 1 year and 6 months, and 4 million won additional collection), and that the defendant actively cooperates in the investigation in the course of the police investigation by committing the instant crime, the punishment imposed by the court below (e.g., imprisonment, 1 year and 6

2. It is recognized that the judgment of the defendant shows the appearance that the defendant is against, and that he actively cooperates in the investigation of the narcotics offender.

However, the crime of this case was committed from June 2012 to August 24, 2012 by the defendant each time by arranging the sale and purchase of, using, and purchasing Mestopphones (hereinafter “Mesopphones”), three times, giving and receiving, and administering five times, and it is not good to commit the crime by repeatedly arranging or using Mesopphones to a third party for a period of time that has not been known three months. The defendant, even though he had the record of punishment two times after having been sentenced to imprisonment in 208 after the same crime, has no good time when considering the fact that the defendant again committed the crime of this case, and in particular, the defendant was sentenced to imprisonment with prison labor on October 6, 201 as the crime of violation of the Narcotics Control Act, etc., and the defendant did not appear to have committed the crime of this case during the pertinent period of time without considering the circumstances surrounding the crime of this case’s imprisonment with prison labor and the circumstances surrounding the crime of this case’s recidivism, and thus, the defendant’s assertion that the crime of this case’s punishment was not proper during the period of imprisonment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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