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(영문) 대구지방법원 2016.01.22 2015노3387
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenses. The Defendant also has the record of criminal punishment two times prior to the instant offenses; the Defendant has obstructed the prompt investigation and trial process by requesting the investigative agency to reverse statements to E; and the Defendant attempted to destroy evidence by requesting the witness E to reverse his statement; on the other hand, the Defendant has committed the instant crime at the time of the trial; the Defendant’s confession of the instant crime at the time of the trial; the volume of the Defendant’s phiphonephone dealt with by the instant crime is not large; the instant crime is concurrently related to the crime of violation of the Act on the Control of Narcotics, etc., which was finalized on May 9, 2015 and the latter under Article 37 of the Criminal Act; the Defendant’s act of violation of the Act on the Control of Narcotics, etc., which was committed simultaneously with the case under Article 39(1) of the Criminal Act; the Defendant’s motive and condition of the instant crime; the Defendant’s act of equity, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 of the Act on the Protection of Narcotics, etc., and Articles 60 and 4 of the Act on the Selection of Criminal Crimes and the Management of Narcotics, etc.

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