(영문) 서울중앙지방법원 2012.12.27 2012노3632

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(영문) 서울중앙지방법원 2012.12.27 2012노3632

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.

751,500 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. In light of the judgment on the grounds of appeal, unless the defendant again commits the same kind of penphone or marijuana-related crimes before the lapse of three years from the execution of the final sentence, even though he had been sentenced to the suspension of the execution of imprisonment or imprisonment for the crimes related to Mesofts (one penphone; hereinafter the same shall apply) or marijuana-related crimes on a total of five occasions since 2001, he cannot avoid sentence of a considerable period of time.

However, on the other hand, the investigation cooperation report was submitted to the effect that the defendant is detained by the defendant's upper-line D and J as a result of the investigation by actively cooperating with the investigation authority of the investigation agency about the narcotics offender. Such circumstances appear to be considered in the sentencing of the defendant. ③ The amount of penphones and marijuana handled by the defendant is not much much, and there is no way to block its dissemination. ④ After the defendant was released from the final sentence, the defendant seems to have been engaged in work without close phiphones and marijuana for not less than 2 years and 6 months, and the defendant's life is likely to faithfully live in work. ⑤ Other circumstances, such as the defendant's age, character, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, the circumstances after the crime, and the sentencing of D, etc., on which the defendant issued the penphones and marijuana, are considered, and the court below's assertion that the defendant's final sentence is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

참조조문

-형사소송법 제364조 제6항

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