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(영문) 의정부지방법원 2013.10.11 2013노1065
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

500,000 won shall be additionally collected from the defendant.

Reasons

1. The punishment sentenced by the original court to the summary of the grounds for appeal (one year and six months of imprisonment) is too unreasonable; and

2. The sentencing materials that are disadvantageous to the Defendant are the fact that the Defendant has a same criminal history over several occasions, and the Defendant has committed a repeated crime during the period of a repeated offense.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, circumstances leading to this case, circumstances after the crime, and various conditions for sentencing as shown in the argument of this case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, since it appears that the sentence imposed by the Defendant is somewhat unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. by Which the relevant Article of the Act on the Punishment of Criminal Facts and the Selection of Imprisonment with Labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (as such, each of the above crimes has been committed)

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

1. As examined in the grounds for reversal of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (500,000 won = 100,000 won per single medication)

It is so decided as per Disposition for the above reasons.

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