(영문) 의정부지방법원 2016.04.22 2016노507

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(영문) 의정부지방법원 2016.04.22 2016노507

마약류관리에관한법률위반(향정)

Text

The judgment below

Part concerning the first crime of the judgment, excluding the additional collection, shall be reversed.

The defendant is judged by the court below.

Reasons

1. The summary of the grounds for appeal that the court below rendered to the defendant (a crime No. 1 as stated in the judgment of the court below: imprisonment with prison labor for two months and a crime No. 2 as stated in the judgment of the court below: imprisonment with prison labor for one year) is too unreasonable.

2. Judgment on the grounds for appeal

A. We examine the judgment of the court below on the crime Nos. 2 through 7 of the judgment below, and the fact that the defendant recognized all the criminal facts of this case and reflects his mistake is recognized as favorable to the defendant.

However, it appears that the court below sentenced one year to the maximum extent of the sentencing guidelines for crimes of Articles 2 through 7 of the decision of the court below in consideration of the following factors: (a) there is a serious social disorder in narcotics-related crimes; (b) there is a need for severe punishment; (c) the defendant administered several phiphones; (d) selling and providing them; and (e) the defendant repeatedly committed the crimes of the same kind during the suspension of execution and observation period for the same kind due to the like crime; and (b) the court below did not recognize that there is no special change in circumstances that can reduce the punishment of the court below at the trial; (c) the defendant's age, intelligence and environment, motive and circumstance of the crime of this case; (d) the defendant's motive and circumstance for the crime of this case; (e) the defendant's crime of this case; and (e) the defendant's relation with the victim; and (e) the defendant's relation with the crime of this case and the circumstances that the court below sentenced the punishment of this case to the punishment of this case are reasonable and unfair circumstances.

B. We examine the judgment on the crime No. 1 in the holding of the court below, and the fact that there is a need for strict punishment due to serious social aggravation of the crime related to narcotics, etc., are recognized as the circumstances unfavorable to the defendant.

However, on the other hand, the defendant is the defendant.

유사 판례

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