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(영문) 대구지방법원 2015.02.13 2014노4432
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (two years of imprisonment, confiscation, and collection) is too unhued and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment of the court below is that the defendant led to the crime of this case when he was sentenced to punishment of the same kind of crime (one year and three months of imprisonment), the defendant committed each of the crimes of this case during the period of repeated crime without being informed of the fact that he was sentenced to punishment of imprisonment for the same kind of crime (one year and three months of imprisonment), under favorable circumstances such as the fact that the defendant is faced with an economically difficult situation by a basic livelihood recipient, and appears to be unstable due to stimulative disorder, etc., the crime of this case is not limited to the administration of phiphones, but it seems that the quality of the crime of this case is inappropriate; the quantity of phiphones handled by the defendant (one time of suspended sentence; three times of imprisonment); the defendant was sentenced to punishment for the same crime; the defendant committed each of the crimes of this case during the period of repeated crime; the extent [basic crime: Type 2 (b) above, such as arranging for the sale and purchase of narcotics crime of this case; types of imprisonment with prison labor for the previous one year to six years; the motive or increase factors of punishment; the punishment;

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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