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(영문) 대전지방법원 2014.01.23 2013노2230
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below shows the intent not to repeat the crime of this case, such as the confession and reflect of each of the crimes of this case, and the intent of the court below to sell and purchase phiphones to himself at the time of the investigation of this case or to clarify the crimes committed against accomplicess who arrange to do so, etc. However, each of the crimes of this case is deemed heavy in light of the frequency and amount of the purchase and administration of phiphones, and five times of imprisonment with prison labor for the same kind of crime, and each of the crimes of this case committed during the period of probation when medical treatment and custody was commenced after the termination of the medical treatment and custody order, and considering all of the sentencing conditions such as the fact that each of the crimes of this case was committed as a repeated offender of the same kind, the age, character and conduct, environment, criminal records, circumstances after the crime, etc., it cannot be deemed unfair since the court below's punishment

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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