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(영문) 서울중앙지방법원 2017.03.23 2016노4689
마약류관리에관한법률위반(향정)
Text

The judgment below

The part against the defendant shall be reversed.

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

from the defendant.

Reasons

1. The sentence (one year of imprisonment, additional collection 300,000 won) imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. In full view of the favorable circumstances such as the Defendant’s age, sex, family relationship, motive, means, consequence, etc., and all other sentencing circumstances, such as the Defendant’s age, sex, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable.

3. The part of the judgment below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act is reversed as the defendant's argument that the sentencing of the defendant is unfair is with merit, and the following decision is rendered again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment, and Selection of Punishment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (300,000 won = 100,00 won x 3 times);

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