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(영문) 인천지방법원 2015.01.29 2014노3784
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

140,800 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. In light of the social harm and the risk of repeating a crime, the crime committed again during the suspension period, etc., which is disadvantageous to the defendant, even though the defendant was placed prior to the suspension of execution due to the same kind of crime, etc., or the fact that the defendant was divided his mistake, the husband is actively assisting the defendant in leading the defendant, the defendant's child is being brought up, the suspended execution of the above previous crime should be invalidated and imposed one-year punishment due to the sentence of this case, and other various circumstances, such as the motive and circumstance leading to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character, environment, family relationship, etc., the sentence imposed by the court below is somewhat unreasonable.

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.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of subparagraph 3 of Article 2 of the Act on the Control of Narcotics, Etc. (the choice of each imprisonment with prison labor), respectively, on criminal facts and the

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

1. The proviso to Article 67 of the Narcotics Control Act;

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