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(영문) 대구지방법원 2015.12.04 2015노3886
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The articles of incorporation 1 to 5, 8, each.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is not only a case where the defendant has repeatedly administered phiphones purchased, but also a case where other narcotics offenders have provided phiphones several times, and it is necessary to strictly punish and eradicate narcotics crimes in light of the addiction of narcotics and the harm caused by the administration of narcotics. In particular, the crime related to the delivery (Provision) of narcotics among the crime of this case requires punishment corresponding to the distribution of narcotics by placing others into drug addiction. In addition, the defendant has been already subject to criminal punishment several times for the same crime, and in particular, after having been sentenced on February 21, 2013 and completed the execution of the punishment of this case on the same crime, he has committed the crime of this case on the condition that he again committed the crime of this case on the same day while the execution of the punishment of this case has been repeated, but it seems that the defendant has failed to observe the guidelines for sentencing of this case, such as the confession of the entire crime of this case by the investigation agency, and that the defendant has made a statement and cooperation among the defendant's family members related to the crime of this case.

Recommendations for items, provision), basic crimes, and concurrent crimes (basic areas, aggravated factors - previous areas within three years);

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