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(영문) 수원지방법원 2017.05.19 2017노1352
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

300,000 won shall be additionally collected from the defendant.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. In full view of all the sentencing conditions, such as the defendant's age, sexual conduct, motive, frequency of crime, method of crime, circumstance after crime, etc., the sentence imposed by the court below is too unreasonable, and considering all the sentencing conditions of the defendant, the defendant's argument that the sentence imposed by the court below is too unreasonable, since it is acknowledged that the sentence imposed by the defendant is too unreasonable, in light of all the sentencing conditions, such as the defendant's age, sexual behavior, motive, frequency of crime, method of crime, circumstance after crime, etc.

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 with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court are as stated in the corresponding column of the judgment below, except that the phrase “as described in the above paragraph (a)” in Section 1-B of the facts constituting the crime is deemed to be “as described in the above paragraph (a) at the date and time stated in the above paragraph (a).” As such, it is cited 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 Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. The proviso to Article 67 of the Narcotics Control Act;

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