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(영문) 청주지방법원 2019.03.28 2019노63
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

850,000 won shall be collected from the defendant.

Reasons

1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

The Defendant explicitly withdrawn the assertion of mistake on the date of the first instance trial.

2. In light of the fact that the Defendant, who had been subject to multiple criminal punishment for the violation of the Act on the Control of Narcotics, etc. (flag) such as the instant case, has also been engaged in the instant narcotics crime. Moreover, the number of times of committing the crime, such as phiphone medication, purchase, etc., is not a large number of times, and some of the crimes have been committed during the same type of repeated crime, the nature and circumstances of the crime cannot be deemed to be light.

However, in light of the following: (a) most of the facts charged in the instant case, which the Defendant had been partly denied in the lower court when it was in the trial; (b) it appears that the Defendant paid the amount of damage caused by fraud in addition to paying the amount of damage therefrom; (c) the Defendant appears to have been fully recovered from the damage; and (d) the Defendant’s social ties relation is relatively healthy and healthy and sound, and the Defendant’s social ties relation in light of the details of the origin of the birth of the spouse and the birth born later; and (d) the Defendant’s health is too old; and (e) all the sentencing conditions indicated in the record, such as character and behavior and environment of the Defendant; and (e) background, means and consequence leading up to the crime; and (e) the circumstances after the crime

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

[C] The Criminal Procedure Act provides that a summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement" to "the first instance court's statement" as stated in the judgment of the court below.

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