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(영문) 대구지방법원 2015.09.04 2015노2593
마약류관리에관한법률위반(향정)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

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

2. As to the public prosecutor's judgment and the defendant's assertion, the confession of all the crimes of this case was made in the trial, and the defendant reflects the wrongness while making a confession of all the crimes of this case, the amount of philophone handled by the defendant is relatively small, the defendant has been treated with mental treatment for a considerable period of time due to the disability of class 4 and the depression, etc., and the health conditions such as restrictions on walking have been deteriorated due to the aggravation of cryposis, etc., and the defendant's family members and branchs want the defendant's cryption, while considering the above favorable circumstances, it is necessary to strictly punish and eradicate narcotics crimes in light of drug addiction and harm caused by medication of narcotics. The crime of this case is not only a case where the defendant administered philophones, but also a case where philophones are sold to other narcotics offenders by means of giving direct philophones to them, but also it is not appropriate that the defendant has already been given the sentence of suspended execution of the crime of this case.

Title, sale), recommendation type of basic crimes (basic area): Imprisonment with prison labor for one year to two years, concurrent crimes: Type 3, such as medication, simple possession, etc. of a group of narcotics crimes (fab).

Title, medication), recommendation type for concurrent crimes (basic area): 10 months to 2 years of imprisonment, and the range of final recommendation type following the aggravation of multiple offenses: imprisonment for one year to 3 years), other age, character and conduct, environment of the defendant, and this.

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