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(영문) 부산지방법원 2019.01.31 2018노4306
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year of imprisonment, ten months of collection, one hundred thousand won of collection) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed by the defendant, in order to recover the relationship with the victim by internal-related persons, that the defendant had the victim take the philopon to the scopon. In light of the criminal facts, the criminal liability is heavy, and the defendant has not yet been used by the victim, and the victim wanted to take a severe punishment against the defendant, and the circumstances unfavorable to the defendant are recognized.

However, considering the fact that the defendant led to the confession of the crime in this case and reflects the mistake in depth, that there is no criminal power of the defendant, that the family members of the defendant wanted to take the defendant's wife against the defendant, and that the social ties of the defendant is relatively clear, and that the court below's punishment against the defendant is unreasonable because it is too uneasible, as argued by the prosecutor, in light of all circumstances, which form the conditions for sentencing as shown in the argument

It is recognized that it is improper rather than that it is too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows. However, as long as the judgment of the court below is reversed on the grounds of appeal

Criminal facts

The summary of the facts charged and the evidence admitted by the court is 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. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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