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(영문) 광주지방법원 2017.02.07 2016노3946
마약류관리에관한법률위반(향정)
Text

The judgment below

The remainder other than the penalty surcharge shall be reversed.

Defendant

A Imprisonment of 10 months, and Defendant B.

Reasons

1. On the contrary, the Defendants asserted that the punishment of the lower court (one year and six months of imprisonment, additional collection, and additional collection for two years and six months of imprisonment, and additional collection for Defendant A) was too unreasonable, while the Prosecutor appealed against the Defendant B by asserting that the punishment against the Defendant B is too unfasible and unfair.

2. The judgment of the Defendant A accepted so-called so-called “copon” one time, 2 times, and 9 times. Defendant B attempted to sell or sell a copon over 12 times, and there are a lot of transfers of the received copon.

In addition, even though the defendant A was under the suspension of execution, he committed the crime of this case, and the defendant B is not only a mere medication but also a sale of considerable quantity.

However, the defendants are the primary offender who has no record of punishment for the crime related to narcotics, and the changes in the existing attitude in the trial to cooperate with the investigation of other narcotics offenders, and the related supply measures are being investigated, and the defendant B is not healthy due to high blood pressure symptoms.

In addition, comprehensively taking account of the records of this case, such as the age, conduct of sex, and circumstances after the crime, and all the sentencing conditions shown in the theory of changes, the sentence of the court below is deemed to be unfair due to excessive neglect.

Therefore, we accept the Defendants’ unfair argument on sentencing.

3. In conclusion, the prosecutor's appeal is without merit, but the defendants' appeal is with merit. Thus, the part of the judgment below excluding the additional collection portion among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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