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(영문) 창원지방법원 2018.02.21 2017노2854
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by comprehensively taking account of the following factors: (a) the Defendant’s depth reflects the mistake; (b) the motive and background leading up to the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

In the first instance, the defendant informed several drug offenders on the will of the doctor, and accordingly, provided important cooperation in investigation such as arrest of three drug offenders (the result of inquiry into each fact about the National Police Agency in Ulsan District and the police station during the inside and outside of the court of the trial), and even though he was put up for the appearance during the detention period, he was unable to attend the funeral as a matter of communication with his family members, as a matter of communication with them. In this case, the defendant would not repeat again on the ground of this case.

In light of the fact that it is hard to say, the sentence of the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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) 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 Punishment (the fact of medication and possession of phiphonephones, and the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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