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(영문) 대구지방법원 2014.08.29 2014노2148
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below has a favorable condition such as the confession and reflect of all of the crimes of this case, the fact that the defendant expressed a short sentence. However, the defendant has been sentenced seven times to imprisonment (one year of imprisonment) for the same kind of crime, the defendant was released from prison, and he committed the crime of this case without being aware of himself, and the defendant's hair was detected during the period of repeated crime. The defendant's hair also detected of phiphones, the scope of the recommended punishment on the sentencing guidelines of the Supreme Court for each of the crimes of this case [Basic Crimes: Type 2 (b), such as purchase and sale or brokerage, etc., of the group of narcotics crimes), Type 3 (b) such as medication, simple possession, etc. of the group of narcotics crimes, each aggravated element - the previous and several aggravated areas - imprisonment with prison labor for the same kind of crime, the age limit of the defendant from June to June (4 years 2), 195 to June (3 years 194), the defendant's motive and conduct in this case seems to be unreasonable.

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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