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(영문) 창원지방법원 2012.11.09 2012노1580
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

30,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the penalty of imprisonment of one year and two months, and three hundred thousand won) is too unreasonable.

2. In light of the fact that the Defendant was prosecuted for committing a scopon medication, the Defendant committed a scopon medication, the delivery of scopon medication, and the fact that the Defendant was punished for the same kind of crime, the Defendant’s liability is not less than that of the crime, but the Defendant cooperates in the investigation of the relevant case, his mistake is divided in depth through a prison life, and the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, etc., it is recognized that the above punishment by the lower court is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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 1 of the Act on the Control of Narcotics, Etc. and the former Newly Inserted by Act No. 10786, Jun. 7, 2011;

(a) The same shall apply;

[1] Article 60(1)3, Article 4(1), Article 2 subparag. 4(b)(Article 60(1)3, Article 2(1), and Article 2 subparag. 4(b)(Article 2

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

3. The proviso to Article 67 of the Narcotics Control Act.

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