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(영문) 광주지방법원 2016.04.06 2016노300
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

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

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, confiscation, additional collection of KRW 1,250,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below is more likely to cause serious harm to the society and thus there is a need to strictly punish the crime. The defendant's administration of narcotics over several occasions, etc. is disadvantageous circumstances, but the defendant recognizes all the crimes of this case and reflects his mistake seriously, while there is no record of being sentenced to the same criminal record or fine, the defendant actively cooperates in the investigation, and the defendant's wife and female life actively cooperates in the investigation, and lead them to prevent narcotics again while she wanted to take the defendant's wife, and taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the above argument by the defendant is reasonable. Thus, the above argument by the court below is justified.

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 well-grounded, and the defendant's appeal is again decided as follows ( insofar as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). The summary of facts constituting an offense and evidence acknowledged by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). The application of statutes

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and Article 61 (1) 10 of the Narcotics Control Act, Article 61 (1) 4 (a), and Article 3 (10) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;

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