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(영문) 대전지방법원 2014.09.18 2014노1844
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

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

210,000 won shall be additionally collected from the defendant.

3.2

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and four months of imprisonment) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as that the defendant received, smoked or administered philophones and marijuana repeatedly, and the responsibility for the crime is not weak, and that the defendant has been punished several times for the same kind of crime.

However, in full view of all the sentencing conditions, including Defendant’s age, character and conduct, environment, background of the instant crime, circumstance before and after the instant crime, etc., the sentence of the court below is too unreasonable, considering the following: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) there was no specific criminal record other than that sentenced three times to a fine due to the instant crime, such as drinking driving, etc. for the last ten years; (c) there was no record of having been sentenced to a sentence until now; and (d) there

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of a scoponing) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, etc., Articles 61 (3) and 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, etc., Articles 61 (1) 2 of the Act on the Control of Narcotics, etc., Articles 61 (3) 6 and

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

1. Article 67 of the Act on the Control of Narcotics, etc.

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