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(영문) 의정부지방법원 2016.06.08 2016노445
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.

3,600,000 won shall be collected from the defendant.

Reasons

(b) Scope of punishment recommended according to the sentencing criteria of the Supreme Court (one year to three years); and

1. Class 1 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. on March 23, 2015) : Type 2 (mariju, mariana, fab., c., etc.) such as a group of narcotics crimes, a trade mediation, etc., basic area [a person subject to special aggravated punishment: identical criminal records (a person subject to suspended execution for not more than three years), a person subject to special mitigated punishment: Important investigative cooperation], one year to two years;

2. Second offense (violation of the Act on the Control of Narcotics, Etc. on March 19, 2015) : Type 2, such as narcotics crime group, trade mediation, etc., Type 2 (marijuana, fab fab fab fab fab fab fab fab fab fab fab fab fab fab fab fab fab fab fab fag

3. Group 3 Crimes [Crimes of Violation of the Act on the Control of Narcotics, Etc. on March 5, 2015]: The sentence of the court below is deemed to be unfair because it is too much unreasonable in light of the following factors: the group of narcotics crimes, the class 2 (mariju, fab, fac, etc.) of the class, the basic area [in the case of a person subject to special aggravated punishment: the same criminal records (not more than a three-year period of suspension of execution), the person subject to special mitigated punishment: the important investigation cooperation], the imprisonment of one year to two years] ; the imprisonment of one year; * the imprisonment of one year to three years according to the standards for the processing of multiple crimes.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the pertinent Act concerning criminal facts: (i) (the use, medication, the point of arranging the sale of phiphonephones, the choice of imprisonment), Articles 369(1), 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), and the Criminal Act.

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