beta
(영문) 전주지방법원 2020.04.09 2019노1663

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, confiscation and collection) of the lower court’s punishment is too unreasonable.

2. The court below's sentence of the above suspension of execution was revoked in violation of the probation officer's instructions for summons while the defendant continued to be sentenced two years and two years of the suspension of execution on October 15, 2015 due to the violation of the Act on the Control, etc. of Narcotics, Etc., and did not comply with the probation officer's instructions for summons, considering the following facts: (a) the defendant committed the crime of the instant case of the instant case of the instant case of the phiphone medication one time; (b) the transaction of phiphonephonephones is also committed; and (c) the defendant committed the instant crime of the instant case of the instant case of the instant case of the phiphoneon; and (d) the fact that the transaction of phiphones was committed in violation of the Defendant's age and environment; and (d) the circumstances before and after the crime of the instant case of the instant case of the crime of the said case of the said case of the said case of the said case of the crime of the said case of the said case of the following multiple sentencing conditions in the records and arguments.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the court below's application

1. Article 60(1)2, Article 4(1), and Article 3(b) (the points of a phiphone medication) of the Act on the Control of Narcotics, Etc. and Article 60(3), Article 60(1)2, Article 4(1), and Article 4(1) and Article 3(b) (the points of an attempted transaction of a phiphone) of the Act on the Control of Narcotics, Etc. shall be construed as “Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc.” among the relevant legal provisions and the choice of punishment for the crime. Articles 60(3), 60(1)2, and 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.