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(영문) 의정부지방법원 2014.02.14 2013노2357
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

Asy as seized, one-time injections shall be made.

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. The judgment of the defendant has a same criminal history over several occasions, and in particular, this case is an offense committed by the defendant after having been sentenced to a punishment for the same kind of crime and the execution of the sentence has been completed, and the amount of the instant penphone administered by the defendant is relatively large, etc., which are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) the Defendant actively cooperates in the investigation of a narcotics offender and shows the suspension of narcotics; and (c) the Defendant’s age, character, conduct, environment; (d) background leading to this case; (e) circumstances leading to this case; and (e) conditions for sentencing as indicated in the present argument, the sentence imposed by the lower court against the Defendant is too unreasonable; and (e) the Defendant’s argument is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. As examined in the grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

It is so decided as per Disposition for the above reasons.

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