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(영문) 서울중앙지방법원 2015.06.11 2015노627
마약류관리에관한법률위반(향정)등
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.

1,384,00 won shall be additionally collected from the defendant.

Reasons

1. The sentencing of the lower court (one year and nine months of imprisonment, additional collection of KRW 1,384,00) is too unreasonable.

2. In full view of all the circumstances shown in the records and arguments of this case, including the Defendant’s family relation, the Defendant’s age, character and conduct, career, motive and background of the crime, and means and results, which led to cooperation in the investigation of persons related to narcotics when the Defendant was in the trial. The sentencing of the lower court is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in 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. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 6, and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., Article 61 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the

1. Article 35 of the Criminal Act for an aggravated repeated crime (as to the violation of the Act on the Control of Narcotics, etc. by Sale and Provision of Handphones on August 29, 2013);

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. It shall be decided as per Disposition on the grounds beyond the proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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