beta
(영문) 서울남부지방법원 2016.10.07 2016노1444

마약류관리에관한법률위반(향정)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

No. 1 of the seized evidence;

Reasons

1. The sentence of imprisonment with labor (one year and two months) by the lower court shall be excessively unreasonable; and

2. In light of the fact that the judgment of the court below did not have the record of punishment for the same crime, that the defendant recognized the crime of this case, and that the defendant cooperatedd with the investigation such as arrest of B who is an accomplice (the 14 pages of the trial record), it is deemed that the sentence of the court below is unfair.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Judgment] The summary of criminal facts and evidence against the defendant is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment, respectively, concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: (a) even if the circumstances described in the proviso of Article 67 (1) are considered as favorable circumstances, (b) narcotics crimes are serious crimes that destroy not only the offender himself/herself but also his/her family and society; (c) there is a need for strict punishment; and (d) the amount of penphones handled by the Defendant is reasonable; and (e) the Defendant is involved in distribution, such as the receipt and delivery of phiphones without simply administering the phiphones, and is much heavier than the accomplice B; and (c) taking into account all other circumstances that form the conditions for sentencing, such as the background, means, results, and the circumstances after the instant crime, the sentence of sentence is inevitable for the Defendant. However, the above all the circumstances are as follows.