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(영문) 대구지방법원 2015.11.20 2015노3842
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the defendant is under a favorable condition such as the confession of the crime of this case and reflects the mistake, the quantity of the penphone dealt with by the crime of this case is relatively low, the cooperation with the narcotics-related investigation by the investigative agency to the drug supplier (one on board) who provided the penphones to the defendant, and the recent 10 years have no record of criminal punishment for the same crime. However, the crime of this case is under a favorable condition such as the fact that the defendant purchased a penphone from C and administered it once in the first time, and thus there is a need to strictly punish and eradicate narcotics-related crimes in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc.

Title 2, such as: Imprisonment with prison labor for not less than 10 months from 2 years to 3 years, concurrent crimes: Mediation for the sale and purchase of a group of narcotics crimes, etc. (fab).

The scope of the final recommending punishment following the punishment of concurrent crimes (the scope of mitigation, mitigation, medication, etc.): 8 months to 1 year and 6 months: Imprisonment with prison labor: 10 months to 2 years and 9 months); and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., are considered, and thus, it cannot be deemed that the sentence imposed by the court below is inappropriate. Thus, the above assertion by the defendant is without merit.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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