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(영문) 수원지방법원 2018.03.23 2017노7872
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal is that the lower court’s punishment (one year and two months of imprisonment) is too large, as well as that of receiving and receiving narcotics without compensation, and is unreasonable.

2. Determination

A. The main sentence recognizes the instant crime and separates his mistake, and shows the intent of the Defendant’s parents to help the Defendant receive treatment for drug addiction later.

Defendant

In order to cut off the transaction of narcotics by itself, there are extenuating circumstances such as providing the investigation information to the investigation agency on narcotics criminals who have been traded in the past, and actively cooperating with the investigation.

However, the crime of this case is not only where the defendant administered philophones but also takes part in the distribution of philophones, but also where the crime of this case is less severe.

In addition, the crime of this case is a crime that occurred during the period of repeated crime of the same kind, and five times of punishment for the same crime (three times of punishment, three times of suspended execution), and there are a lot of records of criminal punishment, and the possibility of criticism is high.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, frequency of a crime, and circumstances after committing a crime, the lower court’s punishment, which reflects the cooperation in the investigation as a sentencing factor, is too unreasonable.

(b) Article 67 of the Act on the Control of Narcotics, Etc. with Additional Collection shall be confiscated for narcotics, temporary narcotics, and facilities, equipment, funds or means of transport provided for any crime prescribed in this Act, and proceeds therefrom;

If such confiscation cannot be made, the equivalent value thereof shall be collected additionally.

In addition, the confiscation and collection under the above provision are different from those under Article 48 (1) 1 of the Criminal Code, and if they meet the requirements, they are specific cases.

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