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(영문) 부산지방법원 2015.03.12 2014노4577
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

10,000 won shall be additionally collected from the defendant.

Reasons

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

2. The fact that the judgment defendant was sentenced to imprisonment for eight months for the same crime and completed the execution thereof, and that the defendant repeatedly committed the crime of this case is disadvantageous to the defendant.

However, in full view of the fact that the number of times the defendant administered Meptamins is only one time, that the investigative agency voluntarily surrenders himself to the crime, that the defendant's mistake is divided and that it is not to commit such a crime in the future, and other various factors that are conditions for sentencing, such as the defendant's age, character and conduct, and circumstances after the crime, the sentence of the court below is somewhat unreasonable.

3. 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 the appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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