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(영문) 대전지방법원 2015.03.19 2014노3594
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

approximately 5. Cases presumed to have been seized.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is an unfavorable circumstance that the Defendant had been already punished three times for the same crime (two times of suspension of execution of punishment and one sentence of punishment) and committed the instant crime again during the period of repeated crime even after the execution of punishment was completed on or around June 2012.

However, the defendant is both aware of his mistake and reflects, the defendant's arrest of another narcotics offender is easy through active investigation cooperation, the defendant again desires not to restrain the narcotics crime, the defendant's age, character and behavior, environment, motive, means and result of the crime, various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, circumstances before and after the crime, basic crimes of the sentence recommended by the sentencing guidelines of the Supreme Court sentencing Committee, and the types 1, 2 concurrent crimes: types of special mitigation, such as the group of narcotics crimes, the group of special mitigation, the special mitigation factors: The important investigation cooperation, the scope of recommendation factors: not less than 1 year but not more than 2 years: the scope of recommendation punishment based on the majority processing criteria for the same crime (basic area): the scope of imprisonment with prison labor for not less than 1 year and not more than 3 years and not more than 2 years (in two years and 2 years x 1/22 x 1/3), and the argument of unfair sentencing is justified.

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 of the Act on the Management of Narcotics, Etc., which are applicable to the relevant criminal facts and selective punishment;

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