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(영문) 인천지방법원 2013.10.24 2013노2496
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the following factors: (a) the Defendant committed the instant crime without being aware of it during the period of the suspension of execution; (b) the Defendant committed the instant crime without being aware of it; (c) the volume of the penphones and marijuana handled by the Defendant is not significant; or (d) the Defendant did not have any record of punishment for the same kind of crime; (b) the Defendant voluntarily surrendered to an investigative agency; (c) the Defendant voluntarily surrendered to the Defendant; (d) the Defendant’s family members promising the Defendant’s active guidance; and (e) the Defendant’s age, character and conduct, the background and consequence leading to the instant crime; and (e)

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.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence presented by this court is as follows: (a) to delete the part of the facts constituting an offense in the original judgment; and (b) to delete the “written inquiry (A), including criminal records, and the confirmation of the fixed date of the judgment of suspension of execution)” in the summary of evidence; and (c) to delete the “written inquiry (A), including criminal records, and the written inquiry (the confirmation of the fixed date

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, etc., Article 61 (1) 6 of the Narcotics, etc., Article 61 (1) of the Act on the Control of Narcotics, etc., Article 60 of the Act on

1. From among concurrent crimes, it is due to the administration of poponon, which is the largest of the crimes of the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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