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(영문) 대구지방법원 2016.07.15 2016노1950
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are favorable circumstances, such as the fact that the defendant made a confession of the crime in this case since he/she surrendered to an investigative agency for the crime in this case, the fact that the amount of phiphonephones handled by the defendant after the two-time medication is not high, in light of addiction to narcotics and harm caused by medication, etc., the crime in this case needs to be strictly punished and eradicated, and the defendant has the record of having been sentenced to imprisonment nine times for the same crime. In particular, on July 17, 2015, the defendant was sentenced to eight months for the same crime in the Daegu District Court and was sentenced to imprisonment for five months on November 21, 2015, and again commits the crime in this case without being aware of the fact that he/she had committed the crime in this case during the period of repeated crimes after the completion of the execution of the punishment, and the court below did not have any special reasons for sentencing within the scope of the punishment in this case [the basic crime and concurrent crimes in this case: the defendant's imprisonment with prison labor for not more than three years but less than three years, the basic element of punishment in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with 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.

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