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(영문) 수원지방법원 2018.09.21 2018노4270
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.

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

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The handling of narcotics, including judgment philophones, marijuana, etc., is highly likely to lead to another crime in a state where the nature of the crime is bad, smoke or medication, etc. by itself, and thus, is very very rough and significant;

Although the Defendant was punished for the same type of penphones and the inhalement crime of hallucinogenic substances (one time imprisonment with prison labor in the case of a phiphones crime, five times imprisonment with prison labor in the case of a crime of inhaleing hallucinogenic substances, three times suspended execution in the case of a crime of inhaled hallucinogenic substances), the Defendant is highly likely to repeat the instant crimes repeatedly.

I seem to appear.

The defendant committed each of the crimes of this case during the period of repeated crime due to inhalement of hallucinogenic substances, and there are many other crimes of different types.

This is disadvantageous to the defendant.

However, all of the crimes of this case are led to the confession and prevention of recurrence.

The Defendant appears to have administered philophones according to C’s recommendation, and the degree of damage to the damage of this case is not significant.

The defendant supports the elderly parents, and the father of the defendant's father is not in good health conditions due to the combination of serious catherterization.

Above all, the Defendant agreed to compensate for the damage to M (a person who works together with L who is a damaged person and jointly leased L and a warehouse in the decision of the court below) of the actual damage in the trial of the party.

This is the circumstances favorable to the defendant.

In addition, in full view of all the sentencing conditions, including the defendant's age, family relation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the sentence of the court below seems to be too unreasonable.

3. If so, 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 defendant's appeal is again decided as follows.

[Re-]

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