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(영문) 의정부지방법원 2021.02.04 2020노2892
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 3 through 27, 30 through 60 of seized evidence.

Reasons

【Reasons for Appeal】

1. The sentence of the lower court (a year and six months of imprisonment, confiscation and collection) against the accused on the summary of the reasons for appeal is too unreasonable.

2. In addition, considering the circumstances that led to the arrest of a narcotic offender in cooperation with the defendant's investigation, the court below's punishment is too unreasonable because of the defendant's age, sexual conduct, intelligence and environment, relationship with the related persons, motive, means and consequence of the crime, and the circumstances after the crime.

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

【Reasons Concerning Public Prosecution】 The description of each corresponding column of the judgment of the court below shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The grounds for sentencing under Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for criminal facts; the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection under Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection under Article 67 of the Act on the Management of Narcotics, Etc. for Additional Payment under Article 334(1)2 of the Criminal Procedure Act

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The sentencing criteria are set for all of the crimes of this case according to the sentencing criteria.

From June to September, 200

(a) Basic crimes and concurrent crimes: Crimes of Violation of the Act on the Control of Narcotics, Etc. [Determinations] ; (b) and (c) (Type 3) of the said Act (type 3) of the said Act (person subject to special sentencing] of the scope of mitigation (the scope of the recommended area and the scope of the recommended punishment) of the said Act; six months through one year and six months;

B. Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to two years (=one year of the upper limit of basic crimes).

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