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(영문) 창원지방법원 2016.04.14 2016노112

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, confiscation, and collection KRW 200,000) is too unreasonable.

2. However, even if the Defendant was sentenced to two years and six months of imprisonment due to robbery in 2014, three years of suspended sentence, and two years of probation observation, the Defendant again committed the instant crime during the period of suspended sentence, and thus, it is necessary to punish the Defendant.

However, the fact that the defendant led to confession of the crime and reflects on the fact of the crime, that the victim does not want the punishment against the defendant by agreement with the victim, that the victim does not want the punishment before the above suspension of execution, that is only the first fact that the crime of narcotics was punished by a fine, that is after the defendant was identified as the stolen suspect, that the defendant voluntarily surrendered on June 29, 2015 during the special self-denunciation period for narcotics, as well as that of the larceny of this case, and that the confession was made on June 25, 2015 to the part of the violation of road traffic law (in addition, the defendant informed the investigative agency of the fact that the phone seller was informed of the fact of the crime, and actively cooperates with the defendant to arrest other narcotics manufacturers). The defendant was suffering from highly uneasiness, etc. to the extent of receiving treatment at several times before and after the entrance of this case, and the fact that the defendant discovered and observe any contingent vehicle that is able to change things or make a decision with weak intent, it does not seem to be protected by the judgment of this case.

In addition, the above suspended sentence was committed under the state of mental and physical weakness due to highly uneasiness, etc., and it was agreed that the victims were excessive.