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(영문) 인천지방법원 2017.02.09 2016노4155

마약류관리에관한법률위반(향정)

Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of KRW 1-year; imprisonment of KRW 1,822,50; imprisonment of KRW 2-month; imprisonment of KRW 100,000; imprisonment of KRW 1 year and four months; and imprisonment of KRW 2,322,50) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal with respect to Defendant A, Defendant A filed an appeal against the judgment below, and this court decided to hold concurrent hearings with respect to all the above appeal cases. Each of the judgment below against Defendant A is in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to each of the concurrent crimes under the former part of Article 38(1) of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the part against Defendant A among the judgment of the court below

3. It is recognized that Defendant B led to the confession of and reflects the wrong determination on Defendant B’s wrongful assertion of sentencing, Defendant B voluntarily surrendered part of the philopon crime by paying lease fees relating to the embezzlement crime, and Defendant B did not have any record of having been sentenced to the punishment against Defendant B.

However, each of the crimes of this case provides a third party with a car leased from the victim as a collateral and embezzlement, and the quality of the crime is not good. The damage to the embezzlement was not recovered properly and the victim did not agree with the victim. The amount of the penphone used for the crime is not large, Defendant B had the record of being sentenced to suspended execution due to the crime related to phiphone, and other circumstances that are the conditions for sentencing, such as Defendant B’s age, sexual conduct, motive, means and consequence of the crime of this case, and the situation after the crime, etc., the sentence of the court below is too unreasonable.

4. Accordingly, the judgment of the court below as to Defendant A.