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(영문) 대구지방법원 2015.06.12 2015노1176
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A seizured one-time injection machine.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenders; the defendant committed the crime of this case even though he had the record of criminal punishment on seven occasions due to the same crime; the crime of this case is committed three times in connection with phiphonephones, three times in purchase, sale, three times in free delivery, four times in medication, and one time in possession, and the crime of this case continuously traded phiphones in light of the transaction relation and the frequency, etc.; the crime of this case is very poor; the defendant committed the crime of this case [2014No3218] as stated in the judgment of the court below, despite the fact that the defendant had been investigated into an investigative agency about each crime of this case [200 won in response to the recommendations of the defendant for the crime of this case, 30 days in response to the fact that the defendant made a false statement to the investigation agency and the defendant's family members [20 days in response to the punishment of this case]. However, the defendant has committed each crime of this case.

The scope of recommendations for basic crimes and concurrent crimes (the mitigation area, mitigation factors - important investigation cooperation): Imprisonment for 8 months to 1 year and 6 months, and the scope of final recommendations following the aggravation of multiple crimes: Imprisonment for 8 months to 2 years and 9 months); and others.

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