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(영문) 대구지방법원 2014.06.27 2014노1300
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. Determination is a favorable condition that the defendant made a confession of all of the crimes of this case and reflected in the investigation of a person who commits narcotics, but the defendant has been punished twice the same crime. However, the court below held that the defendant has the record of being punished twice the same crime, the court below held that the defendant's punishment is inappropriate by comprehensively taking account of the following factors: the punishment imposed by the court below on the defendant based on the sentencing guidelines of the narcotics crime of the Supreme Court (basic crime: the violation of the Act on the Control of Narcotics, etc. (favour), the concurrent crime: the violation of the Act on the Control of Narcotics, etc. (favour) due to the purchase and sale of phiphonephones: the violation of the Act due to the administration of phiphones: one year or more, the imprisonment of 10 months or more, the recommendation type of concurrent crimes (basic area): the imprisonment of 2 years or more; the imprisonment of 1 year or more; and considering all the sentencing conditions of this case, including the defendant's age, character, environment, family relationship, etc.

Therefore, the defendant's argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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