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(영문) 서울중앙지방법원 2014.09.04 2014노1874
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The sentencing of the court below (two years of imprisonment, confiscation and collection 600,000 won) is too unreasonable.

2. In full view of the following circumstances in determining the grounds for appeal, the Defendant’s assertion is with merit, since the lower court’s sentence imposed on the Defendant is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered as follows: (a) the maximum sentence imposed by the Defendant for the same kind of crime is one year, and the family’s guidance is strong; (b) disadvantageous circumstances: the crime of paragraph (a) of the same Article refers to a repeated crime; (c) the amount and the number of printedphones purchased are not many; (d) other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, circumstances, means and consequence of the crime, and the circumstances after the crime.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in 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. Violation of the Act on the Control of Narcotics, Etc. by Handphone medication as stated in the pertinent Article of the Act on Criminal Facts and the Decision on the Selection of Punishment: Violation of the Act on the Control of Narcotics, Etc. by Handphone medication as stated in paragraph (a) of Article 1: Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; and enforced June 8, 2012); Violation of the Act on the Control of Narcotics, etc. by means of Handphone medication as stated in Article 60 of the former Act on the Control of Narcotics, etc.

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