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(영문) 대구지방법원 2014.11.28 2014노3414
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and three months.

No. 3 of seized evidence shall be charged to the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment, confiscation, collection 1450,00 won) is too unreasonable.

2. Although the Defendant had the record of being punished three times for the same kind of crime, and committed the crime of this case during the period of repeated crime for the same crime, the Defendant was found to have committed the crime of this case at a disadvantage. Meanwhile, in full view of the favorable circumstances such as the Defendant’s confession of all of each of the crimes of this case at the time of the trial and the Defendant’s family members actively endeavored to prevent recidivism, and the Defendant’s family members want to make a prior effort to prevent recidivism, the Defendant’s age, family relation, health status, and the motive and background of the crime of this case, the means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of sale, provision, medication, possession of penphones) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;

1. As to the remainder of the crimes except for the violation of the Act on the Control of Narcotics, etc. ( native to the Act on the Control of Narcotics, etc.) in Article 35 of the Criminal Act among repeated offenders

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the sale, delivery, free delivery, and medication) shall be 50,000 won;

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