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(영문) 대구지방법원 2014.05.16 2014노724
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty of the sales of philophones in February 2013 among the facts charged against the Defendant, and sentenced the Defendant to imprisonment with labor for not less than one year and six months by recognizing the Defendant guilty of the remaining facts charged.

As to the judgment of the court below, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Thus, the part of the judgment of the court below of this case which is not guilty is separated by the prosecutor's failure to appeal against it, and thus, the judgment of the court of this case is limited to the conviction

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, confiscation, collection 700,000 won) is too unreasonable.

3. The judgment of the court below was made in favor of the defendant as well as the confession and reflect of the crime of this case when the defendant was in the trial, and the health of the defendant has deteriorated due to infection, repeated depression, etc., and the defendant has no record of having been punished for the same kind of crime for a considerable period since he was punished for the same crime (two years of imprisonment) around 207. However, the defendant has the record of being punished four times (one time of suspension of execution and three times of imprisonment) for the same crime. Each of the crimes of this case is to arrange the sale and purchase of phiphonephones and to possess it for the purpose of sale, and to have it for the purpose of sale. The scope of the recommended punishment of the Supreme Court as to each of the crimes of this case [basic crime and 1, 2 concurrent crimes: Type 2 (b), good offices, purchase and sale), such as the sale and brokerage of narcotics crime group, basic area of punishment for the same crime, age of 1 year and 3 years (one year or more) to 28 years (one year or more) of imprisonment with prison labor].

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