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(영문) 대구지방법원 2017.03.10 2017노145
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 four months.

400,000 won shall be additionally collected from the defendant.

Reasons

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

2. In the case of a person who commits a narcotics offense, there is a need to strictly punish and eradicate it in light of the addiction of narcotics, the harm caused by the medication of narcotics, and the Defendant appears to have committed the instant property damage in a state of decliation after the medication of a phiphone, which is disadvantageous to the Defendant, such as the following: (a) the crime is inferior to the nature of the crime; (b) the risk of the crime is very large; (c) the crime of obstructing the performance of official duties and the crime of inflicting bodily injury is committed without any reflection even during expropriation; and (d) the degree of damage by O, who is a public official who is a victim, is not somewhat weak.

On the other hand, there are favorable circumstances, such as the confession of the instant crime, the Defendant agreed with the victim G, L, and expressed his intention that the aboveO does not want to be punished, and the Defendant does not have a criminal record.

In addition, considering the defendant's age, sex, environment, motive and background leading to the crime of this case, its means and consequence, the circumstances after the crime, etc., all of the sentencing conditions in the records of this case and the theory of changes, the punishment sentenced by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment 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)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act on the Criminal Facts, Article 366 of the Criminal Act.

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