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(영문) 의정부지방법원 2014.08.27 2014노171

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one million won of fine) declared by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant led to the confession of the instant crime and stated that it is divided; and (b) the violation of the Act on the Control of Narcotics, etc. (e.g., the violation of the Act on the Control of Narcotics, etc.) is in a relationship of latter concurrent crimes of Article 37 of the Criminal Act

On the other hand, there are two criminal records for the defendant, and there are three criminal records for the defendant who has been sentenced to a suspended sentence or heavier punishment for the same and different crimes, and the defendant was sentenced to imprisonment for one year at the Seoul Central District Court on December 26, 2013 as a crime of violating the Narcotics Control Act, etc. after the crime of this case, and is currently serving a sentence, there seems to be a high risk of recidivism.

In full view of the above circumstances and the circumstances favorable to the defendant, the court below sentenced a minor punishment more severe than a summary order, and there is no change in the circumstances where the court below's punishment is to be changed in the trial, and in full view of the defendant's age, character, conduct, intelligence and environment, motive, circumstances, means and consequence of the crime of this case, circumstances after the crime, criminal records, and family relations, the sentence imposed by the court below is appropriate and unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, since the "Act on the Control of Narcotics, etc." of 2 pages 18 of the judgment of the court below is apparent to be a clerical error, it shall be corrected ex officio under Article 25 (1) of the Regulations on Criminal Procedure to the "former Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 201)"