2012No3500 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Defendant

Preliminary (prosecution) and stuffing (public trial)

Attorney J

Incheon District Court Decision 2012 Godan9321 Decided 11, 2012

February 21, 2013

The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

Seized evidence 1 to 6 shall be confiscated, respectively.

864,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination

In light of the social harm and the risk of recidivism, the crime related to narcotics is not easy in terms of the nature of the crime, the defendant's dissemination without being limited to the medication of phiphones, the defendant was sentenced to a suspended sentence of 2 months by the Incheon District Court on October 13, 201, and committed the crime of this case during the suspended execution period of 2 years of imprisonment with prison labor for the crime of violating the Juvenile Protection Act at the Incheon District Court on October 13, 201, the defendant committed the crime of this case, and the frequency of the crime of this case, etc., the circumstances unfavorable to the defendant, or the fact that the defendant actively cooperates in the investigation into narcotics, the defendant has no history of punishment for the same kind of crime, the defendant has no history of punishment for the same kind of crime, and other various circumstances, such as the defendant's age, character and behavior, environment, occupation, family relationship, etc., the sentence of the court below is somewhat inappropriate.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 subparag. 4(b) (the first instance judgment; hereinafter the same shall apply), 60(1)2, and 4(1), and 2 subparag. 3(b) (the second through (8) of the first instance judgment; hereinafter the same shall apply) of the Act on the Control of Narcotics, Etc

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Collection

The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (Provided, That the proviso of Article 67 of the former Act on the Control of Narcotics, etc. shall apply to paragraph (1)

Newly appointed judges of the presiding judge;

Judges Chief Judge

Judge Senior Professor