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(영문) 인천지방법원 2013.09.26 2013노2355
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

14 of disposable 14 of disposables, vinyl bloin, which have been seized.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. Although the Defendant had a criminal record of the same kind at several times in the judgment, and the Defendant committed the instant crime during the repeated crime period, considering the fact that the Defendant was aware of and against the time of the instant crime, the Defendant’s intention was peeped, the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime, and the circumstances before and after the instant crime, and the various sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime, the punishment imposed by the court below is somewhat inappropriate.

(On the other hand, the defendant and his defense counsel may request the prosecutor to file a request for medical treatment and custody, but even if considering the various circumstances shown in the records and arguments of this case, it is not necessary for the defendant to receive medical treatment and custody). 3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., by which the punishment is adopted, and the choice of imprisonment for life concerning a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from the medication of scopon on June 24, 2013, which are concurrent crimes with punishment prescribed in the crime of violation of the Act on the Control of Narcotics, etc., due to the administration of scopon];

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

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

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