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(영문) 울산지방법원 2016.12.16 2016노1503
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

3.10,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, additional collection 3.10,000 won) is too unreasonable.

2. As to the instant narcotics crime, the Defendant’s psychotropic drugs delivered 0.5 g of psychotropic drugs without compensation, and administered approximately 0.05 g of oponphone to cancs and coffee. As such, the narcotics crime is very serious and harmful to society and home due to its toxicity, etc., and the act of distributing narcotics is necessary to rapidly spread such harmful effects, and thus, there is a need to punish the Defendant more strictly. In light of the above, the Defendant should be punished for the instant crime, without being able to commit the instant crime during the period of repeated crime for the same kind of crime, even though the Defendant had been punished three times for the same crime, and instead committed the instant crime during the period of repeated crimes for the same kind of crime.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and reflects the depth of the defendant, the fact that the defendant actively cooperates in the arrest of the person who committed narcotics, the defendant refused several times of the request of the E that he attempted to rescue phiphones, and the defendant again refused the request of E to grant phiphones without compensation, and there are circumstances to be taken into account in the course of the crime, and the defendant's family status, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., and all of the sentencing conditions shown in the arguments in this case, such as the defendant's prior domicile, family relation, criminal record relation, character and behavior, environment, means and method of the crime, etc., the punishment of the court below

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

【Discretionary Judgment】 Summary of Criminal facts and Evidence

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