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창원지방법원 2018.07.12 2018노362
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. The following facts are that the Defendant had been subject to punishment 11 times due to a drug-related crime; that the Defendant repeated during the same repeated crime period; and that there is a need to strictly punish the crimes with severe social harm and danger of recidivism.

However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the crime of this case, the arrest of three drug offenders in cooperation with the investigation of the defendant before the conclusion of the pleadings in the original trial, the defendant's additional information on Jan. 29, 2018 after the closure of the pleadings in the original trial, and the arrest of one drug offender, and the defendant's family and branch are leading the defendant to the defendant, and appeal for the preference.

In full view of the above circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for appeal on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined in full view of the various circumstances as seen in the judgment above.

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