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(영문) 대구지방법원 2015.12.18 2015노4321
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is in favor of the facts that the defendant made a confession of the crime of this case and reflects the mistake, the quantity of phiphones handled by the defendant is relatively low, and there is no record of criminal punishment. However, the crime of this case is necessary to strictly punish and eradicate the crimes of this case in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc. because the defendant administered phiphones purchased from another narcotics offender twice over two times. The crime of this case is necessary to strictly punish and eradicate the crimes of this case. The court below decided the sentencing guidelines of the Supreme Court in consideration of the balance between the cases of the same and similar kind of crime and the sentencing, the circumstances favorable to the above, etc.

Punishment (basic area): Imprisonment with prison labor for not less than 10 months from 2 years to 2 years, and concurrent crimes for not less than 2 years: Type 2, such as arranging the sale and purchase of a group of narcotics crimes (b).

The punishment imposed by the court below is lower than the lower limit of the punishment for the recommendations for concurrent crimes (the scope of punishment for mitigation, mitigation, medication - purchase or acceptance for simple possession of medicines): 8 months to 16 months: imprisonment with prison labor: from 10 months to 3 months; and : imprisonment with prison labor; and 10 months to 6 months); and considering all the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, character and conduct; the motive, means and consequence of the instant crime; and the circumstances after the instant crime, etc., it cannot be deemed that the sentence imposed by the court below is unreasonable. Thus, the above assertion by the Defendant is without merit.

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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