(영문) 수원지방법원 2018.06.01 2018노1312 | 리걸엔진

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(영문) 수원지방법원 2018.06.01 2018노1312

마약류관리에관한법률위반(향정)

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The judgment of the court below is reversed.

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

3.6 million won shall be additionally collected from the defendant.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (one year and six months of imprisonment, additional collection KRW 4 million) is too unreasonable.

The defendant is not a sales of philophones for the criminal facts under Paragraph 2 of the judgment of the court below, and even though the indictment was modified for this part, there is an error of misunderstanding of the legal principles as to this part since the court below was punished as philophone sales.

However, in light of the fact that the facts constituting the crime of Paragraph 2 above is written on the premise of the number of pages, etc., the lower court permitted an application to change the number of pages, which is to change the number of pages, and that the facts constituting the crime of Paragraph 2 above are written on the premise of the number of pages, the lower court’s correction is to be made as follows.

2. Determination

A. In the case of crimes related to narcotics, etc. on the main part, it is necessary to severely punish not only the body and mind of an individual due to their crypism and toxicity, but also the risk of undermining the health and social safety of the people.

Each of the crimes of this case is not only the purchase of philophones and the administration of philophones, but also the provision of them to distribute them.

Each of the crimes of this case is a crime committed during the same repeated crime period, and each of the crimes of this case has been committed six times (five times of imprisonment, one time of suspended execution) for the same crime, and again, committed each of the crimes of this case.

In addition, the possibility of criticism is high due to the fact that the defendant has a large number of criminal records.

However, it shows that the defendant's mistake is recognized, and the defendant is expressed that he will be forced to cease narcotics and receive rehabilitation treatment with the instant case.

In addition, the defendant provided active cooperation to investigation agencies by providing information to the administered persons of narcotics.

The defendant is a tear, knee knee knee knee feng, etc.

유사 판례

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