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(영문) 부산지방법원 2013.05.09 2013노744
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

For a single-use divers seized.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (two years of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

The Defendant committed each of the crimes of this case even after having been sentenced to one year of imprisonment for the same kind of crime, even though he/she completed the execution of the sentence, even though he/she committed the crime of this case, he/she was issued and sold beyond the administration of phiphones, and the Defendant did not have a large amount of phiphones handled by the Defendant, is disadvantageous to the Defendant.

However, in light of the following circumstances, the sentencing of the court below is somewhat inappropriate in light of the following: (a) the Defendant’s confession of all of the crimes in this case; (b) the Defendant’s family members and branch members are leading the Defendant’s prior location; (c) equity with similar cases; (d) the motive and background of the crime in this case; (e) the motive and background of the crime in this case; (e) the circumstances after the crime in this case; and (e) the Defendant’s age, character and conduct; and (e) the conditions of sentencing

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are all the same as the entries in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same) and Articles 60(1)3 and 4(1), Article 2 subparag. 4(b) (the point of sale and delivery of a penphone) of the former Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2 and 4(1)1, and 2 subparag. 3(b) (the point of administration of a penphone) of the Act on the Control of Narcotics, etc

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