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(영문) 서울중앙지방법원 2015.09.03 2015노2446

마약류관리에관한법률위반(향정)

Text

The judgment below

The penalty collection portion shall be reversed.

3.60,000 won shall be additionally collected from the defendant.

A defendant and a prosecutor;

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment, confiscation, collection 3.450,00 won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine both the Defendant and the Prosecutor’s argument regarding the grounds for appeal.

Although there are extenuating circumstances, such as the purchase, receipt, and the volume of the penphones that the defendant has not been indicated in 7.68 grams, considering the following circumstances: (a) the defendant has no criminal record of the same kind of penphones; (b) the defendant reflects himself; and (c) the defendant's age, character and conduct, environment, the circumstances and motive of the crime, means and consequences of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the court below is deemed reasonable; and (b) it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable

Therefore, the defendant and prosecutor's argument are without merit.

3. The court below ex officio held that 3,560,000 won should have been collected as well as 3,455,000 won should be collected. Thus, the court below erred by misapprehending the legal principles on additional collection under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., which affected the conclusion of the judgment.

A total amount of 20,000 won (two times x 100,000 won at the market price of one-time medication) was administered three times by the Defendant, but on February 20, 2015, the part administered on February 20, 2015 (crime 1-C of the original judgment) was administered by a philophone purchased on the preceding day, and thus, the value of the philophone purchased (Evidence 381 pages of evidence record) is additionally collected, and thus, is not additionally collected.

Part of purchase of philophones: (1) Total 3.6 million won (hereinafter below) (1) KRW 3.0 million for purchase of 5 gramphones; (2) KRW 3.60,000 for purchase of 1.2 gramphones, the Defendant purchased two grams from G on March 25, 2015 from KRW 60,000,000, and seized 0.8gs in the police on March 29, 2015.