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(영문) 서울북부지방법원 2017.09.29 2017노1229
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

It is presumed that a seized philophone is presumed to have been seized.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The Defendant had the record of being punished for the same kind of crime, and committed the instant crime again during the period of repeated crime after the completion of the sentence.

However, the scope of the recommended sentence according to the sentencing guidelines for narcotics crimes shall be limited to two types [the scope of punishment] [the number of offenses subject to recommendation] (the number of months from August to one year), the number or acceptance for medication, etc. or for simple possession, and the number of offenses subject to significant cooperation in investigation / [the scope of the recommended punishment / the number of months before and after the suspension of execution for the same kind of offense / the number of months before and after the suspension of execution for the same kind of offense / the number of months before and after the suspension of execution for the same kind of offense / [the number of months from August to one year and six months] within the mitigated area (the number of months before and after the suspension of execution for the same kind of offense : the number of months before and after the suspension of execution for the purpose of medication] [the number of months before and after the suspension of execution for the same kind of punishment / [the number of months before and after the suspension of execution for the same kind of crimes / [the number of months before and after the suspension of execution for the same kind of execution for three years].

We accept the defendant's unfair argument in sentencing.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment provided for in Article 60(1)2 and Article 4(1)1 and subparagraph 3(b) of Article 2 of the Act on the Management of Narcotics, Etc. for the crime and the Selection of Punishment, etc. shall be imposed upon him/her;

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