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(영문) 수원지방법원 2014.10.16 2014노4517
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

564,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment and one hundred and sixty-four thousand won additional collection) is too unreasonable.

2. The judgment of the court below is somewhat heavy in light of the fact that the defendant was already sentenced to suspended sentence and suspended sentence, and that the defendant was submitted to the court below and the trial court each of the public documents with the content that the defendant committed the crime of this case, although it is not good in terms of the nature of the crime of this case, it is recognized that the sentence of the court below is somewhat heavy in consideration of the fact that the defendant was against the defendant and the defendant was submitted to the court below and the trial, in which the execution of imprisonment with prison labor was completed on June 23, 2013.

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. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of delivery, receipt, and medication) of the Act on the Control of Narcotics, Etc. for the Fact of crime, the choice of a sentence, and the choice of imprisonment for each sentence;

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. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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