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(영문) 서울중앙지방법원 2015.10.22 2015노2719
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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 hundred months of imprisonment, one hundred thousand won of collection) is too unreasonable.

2. In full view of the following circumstances and the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and all of the sentencing circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The Defendant led to the confession, reflects, and shows his intention to terminate the crime of this case.

The crime of this case is merely a single medication.

There are matters to be considered in family relations such as the death of the defendant in the judgment of the court below.

3. The defendant's assertion of unreasonable sentencing is with merit, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and this decision is rendered again as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. 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, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The proviso to Article 67 of the Narcotics Control Act;

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