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(영문) 수원지방법원 2014.12.04 2014노3599

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

No. 1, 2 of the evidence seized by the defendant.

Reasons

1. The main point of the grounds for appeal is that the original court’s punishment (one and half years of imprisonment with prison labor, confiscation and collection one million won) is too unreasonable;

2. The judgment of the court below is somewhat heavy in light of the following: (a) there is a set of previous parts, including the defendant's punishment, and (b) there is a need to punish the defendant for the crime of this case in the period of repeated crime resulting from the previous and repeated crime; (c) however, considering the fact that the defendant is against the defendant, and that a public document was submitted to cooperate in narcotics investigation in the trial.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and Article 60 (1) 3 of the same Act concerning the choice 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the amount of KRW 900,000 = KRW 200,000 won in total, for each 100,000 won for a prescribed medication as indicated in paragraph (1) 7, (4) 1,000 won for each 1,000 won for a prescribed medication as indicated in paragraph (2)] shall not be collected separately