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(영문) 대구지방법원 2016.01.08 2015노4131
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

350,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is determined: The defendant needs to strictly punish and eradicate narcotics offenders in light of the addiction to narcotics and the harm caused by administration of narcotics as a matter of administered two times by another person; the defendant has already been sentenced to criminal punishment four times for the same crime; in particular, on October 12, 2012, the above judgment became final and conclusive around that time, but on April 30, 2013 under the said suspension period after being sentenced to eight months for the same crime, and the suspension of the execution becomes final and conclusive on November 13, 2013 (the above suspension of the execution of the sentence becomes final and conclusive on November 26, 2014; the fact that the family members of the investigative agency do not cooperate with the investigative agency for the same crime of this case during the suspension of the execution of the sentence; the fact that the defendant has committed again during the suspension of the sentence of imprisonment with prison labor for the same kind of crime of this case (the fact that the defendant is deemed to have dealt with the same kind of crime of this case; the sentencing guidelines for two years after the execution of the two preceding crimes;

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