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(영문) 대전지방법원 2013.03.28 2012노2825
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

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

Each of subparagraphs 1 through 3 of seized evidence.

Reasons

1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.

2. In light of the following: (a) the Defendant committed the instant crime while being punished several times at the same time during the period of repeated crime; (b) the Defendant committed the instant crime on or around July 2012; (c) the Defendant, after performing a closed operation on or around July 2012, which resulted in the instant crime to be forgotten by the truth-control; (d) in the process of investigation, actively cooperates with the Defendant, such as: (a) reflects his mistake in depth at the trial; (b) informing the Defendant of his arrest of the landed M; and (c) taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (d) the sentence imposed by the lower court on the Defendant is deemed unreasonable because the sentence imposed by the Defendant is too too large. Therefore, the Defendant’s above assertion has merit.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged 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. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the occupation of the smoking of marijuana early), Article 61 (1) 4 (b) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the occupation of the smoking of marijuana early), Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Narcotics Control Act (the occupation of the holding of the hemp early), each of the choice of imprisonment with prison labor;

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

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

1. Confiscation Act Article 48(1)1 of the Criminal Act, and the Narcotics Control Act;

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