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(영문) 의정부지방법원 2018.07.10 2017노3274

마약류관리에관한법률위반(향정)등

Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

(a)a favorable condition;

On the other hand, the fact that the defendant has been sentenced two times as criminal records for the same kind of crime, and two times as a suspended sentence, and each crime of the second judgment is committed again while being investigated due to each crime of the first judgment, which is disadvantageous to the defendant.

In addition, all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, and the sentencing guidelines set forth in the Supreme Court's sentencing committee 1. A. B., D.

E. The judgment of the court below 1.0 of the basic area (10 months to 2 years) (10 months to 3 years) of the administration of philophones [the scope of punishment for recommendation] [the basic crimes, No. 1 concurrent crimes, No. 2 concurrent crimes] / the scope of punishment / the mere possession of medication, etc. (the scope of punishment for recommendation] / the important investigation cooperation [the person subject to special aggravation] / the person subject to special aggravation [the person subject to suspended execution for more than 3 years] / the person subject to the 3-year punishment

The court below's decision 1.1. (f) of the type 2 (the scope of punishment) (the number of months to one year, and six months) in the mitigated area (the special mitigated person) [the number of months to one year, and six months] in the mitigated area, the purchase for simple possession of medication, etc. (the special aggravated person] and cooperation in an important investigation [the special aggravated person] before the same species (the suspended execution for a period of not less than three years)] and the possession of simple medication, etc. < Amended by Presidential Decree No. 2 (the scope of the recommended punishment] in the basic area (8 months to one year and six months) [the special mitigated person] [the number of years to one year, the number of years to one year, the number of years to six years, the number of years to six years, the number of years to one year to six, the number of years to six, the number of years to six, the number of years to six, the number of years to six, the number of years to six, and the number of years to six, the number of years to six, respectively, respectively, respectively.