(영문) 수원지방법원 2017.11.17 2017노5745 | 리걸엔진

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(영문) 수원지방법원 2017.11.17 2017노5745

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (for the crimes of No. 3: Imprisonment with prison labor for one month, with prison labor for a crime of No. 1 and No. 2: Imprisonment for a year, confiscation of seized articles, and additional collection of KRW 900,00) is too unreasonable.

2. Determination:

A. There are extenuating circumstances for the Defendant, such as the fact that the Defendant recognized this part of the crime and divided his mistake, that the Defendant contributed to the investigation of narcotics crimes, that the Defendant should consider the equity between the case of the violation of the Act on the Control of Narcotics, Etc. (fence) as stated in the judgment of the court below with respect to the crime No. 3 as stated in the judgment of the court below.

However, this part of the crime takes into account the following circumstances: (a) the Defendant administered philophones once and the nature of the crime is not weak; and (b) the Defendant’s age, sexual conduct, environment, motive for the crime, and circumstances after the crime were committed; and (c) the sentence of the lower court is too unreasonable.

B. As to the crimes Nos. 1 and 2 of the holding of the court below, there are extenuating circumstances to consider the defendant, such as the fact that the defendant recognized this part of the crime and divided his mistake, and that the defendant contributed to the investigation of narcotics crimes.

However, this part of the crime is likely to be criticized in that the defendant received and possessed philophones over three occasions, administered and possessed philophones, and the nature of the crime is not less severe, and the defendant committed the crime in this case without being aware that he was sentenced to a suspended sentence of two years on November 19, 2015 for the same crime as this case, which was sentenced to a suspended sentence of two years on November 19, 2015.

In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the sentence of this part of the lower court is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justified.

참조조문

-마약류 관리에 관한 법률

유사 판례

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