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(영문) 대구지방법원 2014.04.11 2014노284
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1, 2, and 5 shall be confiscated.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, additional collection of 700,00 won) is too unreasonable.

2. In light of the favorable circumstances such as the fact that the Defendant already served four times of punishment for the same kind of crime, the fact that the Defendant purchased and arranged the purchase and sale of the phiphones without being limited to the administration of the phiphones, and the fact that all of the crimes of this case were led to the arrest of the F, etc. who is one's upper line by actively cooperating with the investigation, and the sentencing guidelines of the Supreme Court by taking into account the favorable circumstances such as the Defendant's age, character and behavior, environment, and circumstances after the crime, etc., and the recommended types of punishment by the sentencing guidelines of the drug crime of the Supreme Court (important investigation cooperation: the crime of violation of the Act on the Control of Narcotics, etc. (the area of mitigation and mitigation): Imprisonment from August to June, and the majority offender: Imprisonment from August to June: Imprisonment with prison labor, from August to September, and the punishment imposed by the lower court is somewhat unreasonable, and the Defendant's assertion is justified.

3. In conclusion, the judgment of the court 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 again.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted 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 the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. due to the act of violation of the Act on the Control of Narcotics, etc. due to the act of arranging the trade ofphones with the heavy character

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. Collection;

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