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(영문) 대구지방법원 2015.05.22 2015노475
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six 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 the defendant's wife wanting the defendant's wife. However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, it is necessary to strictly punish and eradicate narcotics crimes. The defendant has the record of criminal punishment for the same crime (six times). The defendant provided the phone-phone medication to the female in the form of a penphone, and the result of the maternal test shows that the degree of the defendant's phiphone addiction is not easy in light of the defendant's positive reaction, and the scope of the recommended sentence of the sentencing guidelines of the Supreme Court for the crime of this case [Basic crime: Mediation for Sale and Purchase of Narcotics Crimes, etc.]

Title, Provision) and Recommendation (Basic Field): Imprisonment with prison labor for a period from one year to two years, and concurrent crimes: Type Three of simple possession of medication of a narcotics crime group (fab).

The recommended type of concurrent crimes (the basic area): 10 months to 2 years of imprisonment, and the scope of the final recommended type due to the aggravation of multiple crimes: Imprisonment with prison labor for a period of one year to 3 years); and 3 years in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments in the instant case, such as the circumstances after the commission of the crime, etc., the sentence imposed by the court below is unreasonable. Thus, the Defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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