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(영문) 의정부지방법원 2014.03.14 2013노2471
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

One (No. 1) of seized boxes, and Preparatorys.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, confiscation and collection) is too unreasonable.

2. The crime of narcotics, such as the crime of this case, needs to be punished for severe punishment, the quantity of phiphonephones administered by the defendant, the frequency of phiphones administered by the defendant, and the defendant committed the crime of this case during the period of repeated crime. However, although the defendant led to the confession of the facts charged in this case and there was no record of criminal disposition due to the same crime, and the defendant shows a will to cut narcotics by actively cooperating with the investigation of other narcotics cases by the investigation agency, and in full view of all the circumstances that are the sentencing conditions indicated in the records, such as the defendant's age, character, character, family relation, environment, occupation, circumstance and contents leading to the crime of this case, and the circumstances after the crime, the defendant's assertion is reasonable, since the defendant's punishment imposed by the court below is too inappropriate

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., by which the relevant Article of the Act on the Punishment of Criminal Facts and the Selection of Punishment is Applicable (the purchase of each penphone, the point of administration, and the choice of

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 main sentence of Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection, and Article 48 (1) 1 of the Criminal Act;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1.4 million won for collection = 300,000 won for a medication once per 300,000 won for purchase of penphones) is for sentencing.

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