logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.10.24 2013노3582
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 7 shall be confiscated.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. In view of the fact that the defendant re-offendered during the period of repeated crimes for the same kind of crime, and that the medication of narcotics is a serious criminal detrimental to the social and national soundness due to their toxicity, there is a need to strictly punish the defendant.

However, the lower court’s punishment is somewhat unreasonable in full view of all the conditions of sentencing, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., as well as the submission of a written confirmation of police officers’ cooperation in investigation that the Defendant arrested a narcotics offender as a result of active cooperation with the investigative agency in arresting the narcotics offender.

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.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 3, Article 4 (1), Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act (Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (Article 60 (1) 2, Article 60 (1) 2, and Article 60 (1) 1, Article 6 (1) 3 (b) of the Act on the Control of Narcotics, Etc.) concerning criminal facts;

1. Selection of each sentence of imprisonment;

arrow