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대구지방법원 2015.07.17 2015노1970

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

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

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenses; the Defendant has the history of criminal punishment for the same kind of crime (eight times or more, one time more suspended execution); the Defendant was sentenced to imprisonment on November 8, 2013 to the effect that he/she committed the instant crime even though he/she was under repeated crime after having been sentenced to imprisonment for one year and three months on November 8, 2013; on the other hand, the Defendant committed the instant crime after he/she was present at the prosecutor's office and voluntarily surrenders himself/herself; on the other hand, the Defendant reflects the mistake when he/she led to the confession of the instant crime; the quantity of phiphonephonephones handled by the Defendant is relatively small; the Defendant actively cooperates with the narcotics supplier (one on board) at the time of investigation by the investigative agency; the Defendant’s evidence of catherterization and catchization; the Defendant’s motive and condition of the instant crime; the Defendant’s health and health conditions after the instant crime;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2 and Article 4 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;