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(영문) 부산지방법원 2017.12.01 2017노3490
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

3 million won shall be additionally collected from the defendant.

3.2

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the punishment of nine months of imprisonment and collection) is too heavy.

B. The sentence imposed by the prosecutor by the court below is too minor.

2. The Defendant was sentenced to three years and six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant committed the instant crime during the period of repeated crime even though he was released on January 6, 2014.

However, the defendant led to the confession of the crime of this case.

At the time of the trial of the case of violation of the Act on the Control of Narcotics, Etc., which is in ex post concurrent crimes with the instant crime, the Defendant provided information to a large number of drug offenders at the time of the trial of the instant crime and provided information on the crimes of violation of the Act on the Control of Narcotics, etc., and provided information on the crimes of violation of the Act on the Control of Narcotics, etc., and provided information to the investigation agency, such as the police and the prosecution, to inform the investigation agency of the crimes of violation of the Act on the Control of Narcotics, etc., and provided information about the crimes of violation of the Act.

It has actively cooperated with the investigation, such as the investigation.

The equality in cases where a judgment is to be rendered concurrently with a crime of violation of the Narcotics Control Act, etc. for which a judgment has become final and conclusive, shall be considered.

In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). 【The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence thereof are described in the respective

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