(영문) 대구지방법원 2013.07.12 2013노1307 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.07.12 2013노1307

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant was imposed eight times or more on the same military force, and he did not know himself during the period of repeated crime due to the same military force, and was committed again. However, the defendant led to the confession and reflect on the crime of this case. The crime of this case was committed only once in finine, and the defendant led to a single medication after committing the crime of this case. The defendant supported the defendant's mistake after committing the crime of this case, voluntarily surrenders to himself, the old age (82 years old) of the defendant, and living together with the money that the defendant was born as a recipient of basic living. The long-term detention may cause difficulties in this family relationship, such as the defendant's health status, and other factors such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case, and the sentencing guidelines for the crime of this case [the punishment of this case including narcotics, simple possession, direction of administration and administration, and the extent of recommendation of the defendant's punishment [the defendant's imprisonment with prison labor for not more than three years and six years execution range].

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the reasoning of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) of the Act on the Control of Narcotics, Etc. for Crimes and the Selection of Punishment

참조조문

-마약류 관리에 관한 법률 제60조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-대구지방법원 2014.10.17 2014노2727

-대구지방법원 2016.09.30 2016노1103

-청주지방법원 2017.02.17 2016노1504

-울산지방법원 2020.01.15 2019고단3384

-서울고등법원 2013.01.25 2012노3693