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(영문) 서울북부지방법원 2013.06.13 2013노509

마약류관리에관한법률위반(향정)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

3.3.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant is in profoundly against the wrong judgment, the sentence of the court below is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Narcotics Control Act concerning criminal facts

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 67 of the Narcotics Control Act;