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(영문) 부산지방법원 2013.06.20 2013노1263
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

For the reasons of appeal, the defendant asserts that the sentencing of the court below (ten months of imprisonment) is too unfluent, and the prosecutor is too unfluent and unfair.

In light of the fact that the Defendant was punished twice as punishment for the same kind of crime, the Defendant committed the instant crime without being aware of even during the period of repeated crime, and the addiction of narcotics and the harm caused by the administration of narcotics, etc., the act of medication of narcotics need to be strictly punished and eradicated. In addition, taking into account various circumstances, such as the motive and circumstance of the instant crime, circumstances after the instant crime was committed, Defendant’s age, character and conduct, environment, etc., the sentencing of the lower court is deemed to be too unreasonable.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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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