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(영문) 대구지방법원 2015.12.23 2015노4474
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is under the favorable circumstances such as the confession of the crime of this case while committing the crime of this case, the amount of phiphones handled by the defendant after the confession of the crime of this case is less than the amount of phiphones handled by the defendant, mental illness, etc. However, in light of the addiction to narcotics and harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the crimes of this case. In addition, the defendant has the record of being subject to criminal punishment of 10 times of punishment for the same crime of this case, and in particular, the defendant was sentenced on November 28, 2014 to imprisonment with prison labor of one year and three months for the same crime of this case and released from the crime of this case even during the period of repeated crime, and there is a significant high possibility of recidivism in light of the above criminal records, etc., the judgment below has already been recommended to the sentencing guidelines of the same or similar crime of this case.

The lower limit of punishment for a basic crime (aggravated area, aggravated factors - previous years within three years): the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., and all of the sentencing conditions specified in the records and arguments of the instant case, including the circumstances after the commission of the crime, cannot be deemed unfair. Thus, the Defendant’s above assertion 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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