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(영문) 서울남부지방법원 2013.10.31 2013노1462

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

20,000 won shall be additionally collected from the defendant.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (two months of imprisonment, two hundred thousand won of collection) is too unreasonable.

Although the defendant has been punished for the same kind of crime only once, the contents of the crime are in possession of a ampam, ample-, ampample-, and an injection and possession of a ampopon are the first crime of this case, the defendant voluntarily surrenders himself to the police on the day when the copon was administered with a copon, and voluntarily submitted the copon to the police on the day when the copon was administered with a copon, the amount of the copon administered and possessed by the defendant was relatively small, the amount of the copon administered and possessed by the defendant is relatively small, the defendant faithfully lives in good faith after the crime of this case, and reflects the fact that the defendant lives in good faith after the crime of this case, taking into account various sentencing conditions as shown in the arguments of this case, such as the background of the crime of this case, situation after the crime of this case, the defendant's age and character, occupation

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted 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 Control of Narcotics, Etc. (Selection of Imprisonment) concerning the relevant criminal facts and the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;