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(영문) 서울중앙지방법원 2013.10.31 2013노2427
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1,100,000 won shall be additionally collected from the defendant.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment on the grounds of appeal is that the Defendant had been punished several times for the same kind of crime, and that the Defendant started to commit the instant crime at the same time only one month in which he was dissipated and released, and that the Defendant’s act of mediating the sale and purchase of phiphones without taking measures to administer phiphones is disadvantageous to the Defendant, such as the Defendant’s act of spreading phiphones.

On the other hand, however, a report of confirmation of cooperation in the investigation that the defendant's mistake is against the defendant, and the defendant arrested F in cooperation with the investigation of narcotics, etc. of F, his upper line, and arrested F, N, andO in order and seize large quantities of narcotics, etc., which were supplied by the investigation agency, submitted to F in the trial. In full view of the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the court below's sentencing is somewhat inappropriate, and thus, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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 facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Management of narcotics, etc. additionally collected;

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