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(영문) 창원지방법원 2018.07.18 2018노7
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant’s mistake is deeply divided and reflects the Defendant’s depth; (b) the motive and background leading up to each of the instant crimes are somewhat extenuating circumstances; (c) narcotics crimes need to be strictly punished as serious crimes that are socially malicious and serious to the risk of recidivism; and (d) the Defendant previously committed each of the instant crimes without being aware of the history of punishment for narcotics crimes; and (c) the Defendant committed each of the instant crimes without being aware of the repeated crime period due to it; and (d) taking into account other unfavorable circumstances, such as the Defendant’s criminal history, age, sex behavior, environment, motive and means of the instant crime; and (e) the circumstances after the crime committed.

However, in full view of the fact that the defendant submitted a reply several times in the trial, and that the defendant has cooperation in the investigation of other narcotics crimes by the investigation agency, etc., the sentence of the court below is somewhat weak because the sentencing condition of the court below has changed.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] 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 of the court below. 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, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment (Provision of Handphones, provision of medication and possession, and selection of punishment by imprisonment);

1. Each criminal law for aggravated repeated crimes.

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