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(영문) 수원지방법원 2014.05.29 2014노737
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

503,000 won shall be collected from the defendant.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, 503,000 won additionally imposed) is too unreasonable.

2. The offense related to the medication and distribution of narcotics requires a strict punishment for not only to avoid the body and mind of an addict due to its serious addiction and propagation, but also to harm the health of the general public and to cause relevant crimes in society as well as to cause serious harm and harm to society as a whole. The Defendant administered a philopon several times during the period of repeated crime of the same crime, smoked marijuana, smoked the philopon, purchase of philopon, and that the Defendant purchased or administered the philopon is disadvantageous to the Defendant.

However, as part of the strong intent of the defendant's living in custody for not less than seven months, the defendant reports the sales volume of narcotics and four medications in the original trial to stop phiphones in the future, and the investigation into them was initiated and one person is arrested. In addition, the investigation into one person of phiphones is initiated due to the defendant's additional information during the trial in the original trial, and the investigation into one person of phiphones is actively cooperated with the investigation into narcotics crimes, such as one person of phiphones, one person of phiphones, one person of the hemps, one person of the hemps in the hemps, and one person of the hemps in the hemps, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, including the defendant's wife and his age, character, and environment, the punishment of the original court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The criminal facts of the defendant and the summary of the evidence recognized by this court shall be as follows.

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