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(영문) 대구지방법원 2015.06.19 2014노2792
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of suspended sentence for one year of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable circumstance such as the fact that the defendant made a confession of the crime of this case while committing the crime of this case, the defendant directly found to the investigation agency and voluntarily surrenders to the crime of this case, and actively cooperates with the narcotics supplier at the time when the investigation agency was investigated. However, in light of the addiction to narcotics and the harm caused by medication of narcotics, etc., there is a need to strictly punish and eradicate the crimes of this case, and the defendant had the record of criminal punishment for the same crime of this case, and the court below seems to have already been under the suspension of execution, which is not an exceptionally sentence for the crimes of this case, considering the above favorable circumstances, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment imposed by the court below is without merit. Thus, the above argument of the defendant is without merit.

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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