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(영문) 대전고등법원 2020.01.31 2019노453
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Nos. 1 through 3, 8, 11 and 8 of the seized evidence.

Reasons

1. The summary of the grounds for appeal (such as imprisonment with prison labor for four years and six months) of the lower court is too unreasonable;

2. The Defendant was supplied with synthetic marijuana from the distribution books of the narcotics sales organization and traded it several times over a considerable period of time, and traded it in possession, and smoked several times. In addition, considering the nature of the crime, considering the harm and harm inflicted on the national health, the Defendant needs to take a heavy liability corresponding to it, and considering the harm and harm inflicted on the national health.

On the other hand, the defendant shows the attitude of recognizing and opposing his mistake, the time and method of the crime of this case, and the detailed statement of information about the accomplicess in relation to the relevant facts, etc., and considering the circumstances favorable to the defendant that there was no past record of criminal punishment in Korea prior to the crime of this case, the court below's punishment against the defendant is inappropriate in light of the sentencing of all sentencing factors and similar cases as shown in the argument of this case, including the defendant's age, career, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime of this case, and the sentencing and equity against the accomplices of this case.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. and the point of trade of psychotropic drugs selected for punishment: The types of imprisonment under Articles 58 (1) 3, 3 subparagraph 5, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act;

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