logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.15 2016노910
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The Suwon District Prosecutors' Office, which was seized, 2015.

Reasons

1. Summary of grounds for appeal;

A. The Defendant purchased a philophone and administered or delivered it to another person to administer it. The lower court calculated the amount additionally by adding the value of the philophone purchased to the price of the philophone. The lower court erred by misapprehending the legal doctrine on additional collection.

B. The punishment sentenced by the lower court (the penalty of 4 years of imprisonment, confiscation, 4,700,000 won) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The lower court determined as follows: (a) the value of the penphones provided in the instant case 2015 high group 2579 case among the criminal facts of the instant case is KRW 700,000, KRW 200,000, KRW 200, KRW 2000, KRW 2000, KRW 200, KRW 400,000, KRW 2015 high group 4598; and (b) the value of the penphones provided in the instant case is KRW 600,000, KRW 4,700,000 in total from the Defendant.

B. The collection of narcotics under Article 67 of the Act on the Control of Narcotics, Etc. for the Determination of Price is impossible to confiscate the narcotics, etc. provided for a crime. This does not aim at deprivation of profits from a criminal act, but rather at a punitive disposition of a punitive nature, it is necessary to issue an order of full collection of the value of the narcotics within the scope he handled on the basis of the defendant. A series of actions by the defendant who handled the same narcotics constitute separate crimes, and it does not require separate collection for each act (see Supreme Court Decision 96Do3397, Mar. 14, 1997). According to the records of this case, the defendant purchased five g (5g) from N, 1,00,000, 00, 1,000, 1,5g (1,000,000,0000) from around February 9, 2015 to about June 1, 2015, 2005 or 1,000.

arrow