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(영문) 대전지방법원 2015.01.22 2014노2365
마약류관리에관한법률위반(향정)등
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and two months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; and (b) there is no record of having been sentenced to imprisonment until now.

However, the crime of this case is an unfavorable circumstance to the defendant, in light of the frequency of the crime and the quantity of philophones and marijuana handled by the defendant two times, arranging the purchase of philophones, giving or receiving philophones without compensation, issuing philophones and marijuanas, and smoking 4 times philophones and marijuanas once, and committing the crime of this case even during the suspension of the execution period for the same kind of crime.

The sentencing guidelines established by the Sentencing Commission of the Supreme Court established from 1 year and 6 months to 1 April 7: The scope of the recommendation and sentence with respect to the instant crime according to the sentencing guidelines of the Supreme Court: Type 2 (mariju, flave, b. (c) and 3) of the crimes, such as drug crime group, trade mediation, etc.; the special sentencing person (ab. (c) and (c) ; the scope of the recommended sentence (a.b. and 1 year to 4 years); the scope of the recommended sentence (a.b. and 2) of the crimes; the scope of the recommendation and sentence with respect to the instant crimes; the two types of crimes, such as narcotics crime group, trade mediation; the special sentencing person (a.b. and (c) ; etc.); the decision of the recommended sentence (a.b. and (b) 1 year to 4 years); the minimum sentencing range; the sentencing range of the crimes in this case; the sentencing range in this case to 1 year to 4 years; the sentencing range of the recommendations (a.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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