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(영문) 대전지방법원 2012.11.14 2012노1229
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (e.g., imprisonment with prison labor, confiscation, and collection), the sentence imposed by the court below (e.g., imprisonment with prison labor for one year, confiscation, and collection) is too unreasonable.

2. From February 2012 to March 2012, 2012, the Defendant administered a motor vehicle for approximately 170 km prior to the 170km in Seoul, when the Defendant administered a motor vehicle by using a Mestop cam for a single-time injection device four times during the period from February 2012 to March 1, 2012. On March 6, 2012, when the Mestop cam was administered, the Defendant driven a motor vehicle with a approximately 0 km range from March 6, 2012, when the Mescam is administered. As the Mescam is relatively large in quantity administered once, the vehicle was driven by driving a long distance in an abnormal state due to drugs, and the circumstances after the crime are very difficult.

Furthermore, the defendant was sentenced to a suspended sentence for a crime of the same kind of narcotics in 2001 and was sentenced to a punishment for a crime of the same kind of narcotics in 2004, 2006, 2007, and 208 (two times), and each of the two years of imprisonment with prison labor for less than ten months, and more than two years of imprisonment for a more than the same kind of narcotics crimes in 2008 (two times), despite the fact that the execution of the sentence was completed on December 19, 201 and the continuous punishment that the defendant committed the crime of this case at the time when two months have passed since it was impossible to terminate, and there is a need to strictly punish the same crime as the defendant committed the crime of this case, and it appears that the court below determined the sentence in consideration of the fact that the defendant voluntarily surrenders, and considering all the circumstances that become the conditions of sentencing such as the defendant's age, health status, character and behavior, environment, circumstances before and after the crime of this case, the above assertion by the court below is not justified.

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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