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(영문) 서울중앙지방법원 2015.07.09 2015노979

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.

seven (No. 2) ad hoc dynasium.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and eight months, confiscation, and collection KRW 456,00) of the lower court’s sentencing (e.g., imprisonment) is too unreasonable.

2. We find that the sentencing of the lower court against the Defendant is somewhat inappropriate in light of the following circumstances: (a) the Defendant was committed in the first instance of the judgment; (b) the Defendant’s cooperation in the investigation of drug-related persons was additionally confirmed; (c) the Defendant appears to have a summary; and (d) the Defendant’s age, character and behavior, career, environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) the circumstances after the crime were committed.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, it shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it shall be ruled again as follows.

[C] The facts constituting an offense and the summary of the evidence acknowledged by the court, and the summary of the evidence, are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the “part of the defendant’s written statement” at the last two pages of the judgment of the court below is changed to the “written statement of the defendant” as “written statement of the defendant.”

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 the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among 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. It shall be so decided as per Disposition for the reasons beyond the text and proviso of Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;