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(영문) 대구지방법원 2016.04.22 2016노843
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment requires strict punishment and eradication in light of the following: (a) the Defendant made a confession of all the crimes of this case while committing the crime of this case; (b) the Defendant faithfully committed an investigation; and (c) the record of punishment for the same kind of crime only once (one total of eight months of imprisonment); (c) on the other hand, the crime of this case is a case where the Defendant administered phiphonephones up to 12 times, purchased (1 time), sold (9 times); and (d) giving and receiving (2 times) narcotic addiction and harm caused by administration of narcotics; and (c) in particular, the sale of narcotics among the above crimes requires strict punishment and punishment to obtain illegal profits from the crime of this case by distributing narcotics by means of omitting others into narcotics addiction; and (d) the Defendant was sentenced to imprisonment for the same kind of crime on May 13, 2010, and the Defendant appears to have not been able to have taken into account the following factors: (d) the Defendant’s motive and consequence of the execution of the crime of this case is deemed to have not changed to all the Defendant’s motive of punishment.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

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