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(영문) 서울중앙지방법원 2016.06.30 2015노5002
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months, the additional collection of 30,903,00 won) is too unreasonable.

2. The lower court is deemed to have been indicted several times on November 23, 2013 on the grounds that the Defendant was arrested for an urgent arrest of a violation of the Narcotics Control Act (defluence) and received several investigations from an investigative agency on several occasions, on the grounds that the whereabouts of the relevant persons were unknown, even though all statements concerning his/her criminal act including the instant crime were made. However, the remainder of the instant crimes except the instant case was incorporated in Seoul High Court and sentenced to a single sentence.

The sentencing criteria for the crime of violation of the Act on the Control of Narcotics, Etc. from Purchase and Sale of Handphones to minors among the facts constituting the crime for which the judgment became final and conclusive, shall be as follows: the sentencing criteria for the crime of violation of the Act on the Control of Narcotics, Etc. from Purchase and Sale of Handphones to minors shall be considered as the types of imprisonment of not less than 4 years and not more than 7 years [type of decision] [specific person in charge of sentencing] - Important investigation cooperation - Important person in charge of the same kind of crime and (not less than 3 years of suspended sentence): Basic area of punishment : Imprisonment for the crime of violation of the Act on the Control of Narcotics, etc. from Sale and Purchase of Handphones to the minors from the same crime, and the court of the first instance of the above case shall apply the sentencing criteria in consideration of the general aggravated factors [the scope of imprisonment for the crime of violation (not less than 3 years and not more than 10 years of suspended sentence]. The scope of the recommendation shall be reduced to 2 years and 6 years (7 years).

The four years of imprisonment sentenced by the Seoul High Court shall be the lower limit of the recommended punishment in the sentencing guidelines.

In light of the fact that the sum of philophones sold by the Defendant as the instant crime reaches 40.52 g, which is a considerable amount of 810 times to be administered when calculating a single medication into 0.05 g, and that it is a crime during the same period of repeated crime, the lower court sentenced to the instant crime.

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