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(영문) 인천지방법원 2013.07.25 2013노1113
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

If the above fine is not paid.

Reasons

1. The sentencing of the lower court (fine 4,000,000) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is that the crime of this case was administered several phiphones, and it cannot be deemed that the nature of the crime is less severe, but considering the following factors: the defendant did not have any record of punishment for the same kind of crime; the defendant voluntarily reported the medication to the National Police Agency narcotics investigation agency; the defendant voluntarily surrenders himself; the defendant was detained by her husband; the defendant's husband was economically poor; the defendant's age, character and conduct, family environment; the circumstances and results leading to the crime of this case; and the circumstances before and after the crime, etc., the punishment of the court below seems to be somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); the choice of fines, and the selection of fines, respectively, for the relevant criminal facts

1. From September 10, 201, among concurrent crimes, the most serious penalty under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

9. Crimes of concurrent crimes resulting from the violation of the Act on the Control of Narcotics, etc., committed by medication of phiphones by not later than December 12.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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