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(영문) 서울중앙지방법원 2012.12.06 2012노3380

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

2.5 million won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. ① Some of the crimes of this case (Article 1, 3, and 5 of the crime of this case) among the types of the crime of this case were received or purchased from a nameless person residing in China (one philopon; hereinafter “philopon”), which constitutes de facto an act of importing narcotics from a foreign country, ② the crime of this case under Articles 5 through 9, 2012 and 4350 of the crime of this case was committed immediately after a police investigation, and the crime was committed in light of the period of the crime. ③ The crime of this case was committed repeatedly within a short period of time, ④ the defendant’s maternity test conducted on June 13, 2012, and the defendant’s punishment cannot be seen as having been applied to the range corresponding to the defendant’s philopon. In light of the fact that the crime of this case was committed on June 13, 2012.

However, on the other hand, the defendant has no record of criminal punishment for the suspension of execution or heavier than punishment for traffic crimes in the past, and there is no record of punishment for the same crime. ② After commencing the Internet search for the purpose of direct medication, he seems to have known that he/she is living in China, only after he/she was informed of the fact that he/she was living in China, not in Korea. ③ The fact that the defendant was not receiving or purchased a penphone, ④ the fact that he/she did not distribute a penphone received or purchased, ④ the amount of the penphone handled is relatively large, ⑤ the defendant was arrested on July 23, 2012, ⑤ the fact that he/she would not close the penphone because he/she did not go against his/her wrongness, and the defendant's character, character and behavior.