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(영문) 창원지방법원 2015.01.29 2014노1995
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. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (one year and two months of imprisonment, and additional collection) is too unreasonable.

2. The crime of this case is a case where the defendant administered approximately 0.03 g of psychotropic drugs by drinking them in water, and the defendant has already been subject to criminal punishment nine times due to the same kind of crime, and the defendant committed again the crime of this case at least ten thousand and two months from the end of the execution of punishment, in light of the fact that the defendant committed again the crime of this case from the end of the execution of punishment, even though he was a repeated crime due to the same crime.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake, the defendant's health condition is not good, the defendant's family to support the defendant, and the fact that the defendant has a family to support the defendant's drug again, and the data actively cooperated in the investigation into L who provided the Meptamine to himself is submitted to the trial, etc., taking into account other circumstances favorable to the defendant, and taking into account the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., and the sentencing conditions specified in the records, the court below's punishment is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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., concerning the relevant criminal facts and the Selection of Punishment;

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

3. The former part of Article 37 of the Criminal Code among concurrent crimes.

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