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(영문) 서울중앙지방법원 2019.05.16 2019노752
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, confiscation, additional collection of KRW 3704,00) is too unreasonable.

2. The amount and frequency of the narcotics handled by the Defendant is reasonable, and the handling period is also a prolonged period.

However, it is difficult to deem that the Defendant only purchased the narcotics from one seller, and most of them have been administered in his/her residence, and that there was a risk of radio waves.

The Defendant cooperated in the investigation.

As the first offender, the defendant recognized each of the crimes in this case, and repented in the truth, and led to the intention of the short-term medication.

The defendant's family members and the defendant's branch want to have a strong protective intent to protect the defendant and the defendant.

In addition, considering the defendant's age, environment, motive for committing a crime, circumstances after committing a crime, etc., it is deemed that the sentence imposed by the court below is unfair.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The Defendant of the proviso of Article 67 of the Act on the Control of Narcotics, etc. purchased KRW 54.5g of philopon in KRW 3.7 million as stated in the lower judgment, and among which 0.6g is seized.

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