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(영문) 울산지방법원 2014.02.19 2013노1112
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

20,000 won shall be additionally collected from the defendant.

3.2

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant’s quantity of the Mesa Pacers issued by the Defendant reaches approximately 20.81g, and that the Defendant provided two-time medications, the Defendant provided investigation cooperation by informing an investigative agency of the drug criminal, such as the upper line that the Defendant issued the Mesacers, and provided information to the investigation agency, the Defendant was the initial offender, and the Defendant seems to have committed the instant crime in the course of adaptation to South Korean society by escaping from North Korea on 2011, and the Defendant appears to have committed the instant crime in light of all the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant’s argument is somewhat unreasonable, and thus, is reasonable.

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 judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment 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, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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