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(영문) 서울중앙지방법원 2014.10.23 2014노2851
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

50,000 won shall be additionally collected from the defendant.

Reasons

1. The sentencing of the lower court (one year of imprisonment, additional collection of 500,000 won) is too unreasonable.

2. In full view of the following circumstances in the judgment on the grounds of appeal, the Defendant’s assertion is with merit, since the sentence imposed by the lower court is deemed unfair as it is unreasonable.

The circumstances that are disadvantageous to a criminal suspect: (a) constitutes a repeated crime; (b) the facts favorable to him/her; (c) confessions and reflects the crimes set forth in Articles 364(6) of the Criminal Procedure Act; and (d) submission of material that cooperates with the investigation during the trial. The scope of the sentencing guidelines set forth in the sentencing guidelines falls within the scope of punishment for a period of 10 months to 3 years (in the case of mitigation, such as medication and simple possession: an important investigation cooperation; within 3 years, the same kind of criminal record). The Defendant’s assertion of unreasonable sentencing is reasonable; and (d) the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act; and (e) a new decision is made after the pleading

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (Article 30 of the Criminal Act concerning crimes), the choice of imprisonment with prison labor for each of the crimes

1. Article 35 of the Criminal Act among repeated crimes;

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

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

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