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(영문) 대구지방법원 2014.07.25 2014노1808
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1,500,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the defendant was punished nine times for the same crime, that the defendant was sentenced to imprisonment for one year and six months for the same crime, that the defendant committed each of the crimes of this case during the repeated crime period without being aware of the punishment after being released from the prison, that the defendant provided phiphonephones and sold them, that the crime of this case seems to be poor, and that the defendant attempted to actively conceal each of the crimes of this case through C, although the defendant was in the trial, he was led to the confession and contradiction of all of the crimes of this case, that the defendant was not detected of phiphonephones, and that the defendant did not detection of phiphones, the scope of the recommendation guidelines of the Supreme Court for each of the crimes of this case [basic crimes and concurrent crimes: Type 2 (b), sale and delivery), aggravated elements of punishment, each of the previous crimes, areas of punishment for the same aggravated punishment - imprisonment with prison labor for one year and six years, areas of punishment for the majority, the circumstances, motive and circumstances of the defendant, and the circumstances of this case, etc.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement in court;

1. Each statement of C and D among the protocol of the original trial (6, 7 installments) by the court below;

1. Notification of requests for cooperation with investigation and investigation;

1.Taking notes of the investigation report, recording, filing, and lending records;

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