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(영문) 수원지방법원 2015.01.15 2014노6621
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 six months.

Nos. 1 through 10.10

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, confiscation and collection 8,032,00 won) is too unreasonable.

Judgment

It is necessary to impose severe punishment on the defendant in that he/she committed each of the crimes of this case during the period of repeated crime due to the previous and previous crimes, and the number of times that the defendant handles mert cancers is many, and the amount of such crimes is considerable.

However, considering various circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is deemed to be heavy, when it is considered that the lower court’s official document was submitted to the lower court that the Defendant has committed an investigation and cooperation in the arrest of 11 narcotics offenders and the offender’s arrest to distribute forged checks (amounting to KRW 1.7 billion) for a considerable period of time.

In conclusion, 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 as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

Table 1 (Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. = Total volume of 20.08g x 400,000/g 200/g 20.08g = 200,000/g 20.08g x 9.48g, and the part of giving and receiving them.

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