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(영문) 의정부지방법원 2017.08.29 2017노1693
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

No. 3 of the seized evidence shall be confiscated.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) that the sentence imposed by the court below on the defendant (one and half years of imprisonment, confiscation, and collection) is too unreasonable.

2. In determining narcotics-related crimes, there is a need to strictly punish not only criminals but also socially harmful to them due to high toxicity.

Defendant was sentenced to one year of imprisonment for a crime of violation of the Narcotics Control Act on October 31, 2013, and was sentenced to two times of punishment for the same crime on September 2, 2014, including the previous conviction on which the execution of the sentence has been completed.

Defendant did not know even during the period of repeated crime due to the above crime, but did not simply purchase or administer philophones, and delivered I narcotics.

On the other hand, the defendant recognized the crime of this case and against it, and will not further repeat the crime.

There are many things.

Even after the sentence of the lower judgment, the Defendant was submitted by the investigative agency a certificate of cooperation with the investigation that actively cooperates with the investigation of eight narcotics offenders including three narcotics offenders falling under the so-called merchant line in the sales and good offices of narcotics.

In full view of the above circumstances favorable to the defendant and other factors of sentencing, such as the defendant's age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence admitted by the court is identical to the corresponding column of the judgment below, except for the alteration of “1. Defendant’s legal statement” under Article 369 of the Criminal Procedure Act to “the Defendant’s legal statement at the trial of the court of first instance” of the judgment below No. 5, the summary of the facts constituting an offense and evidence is identical to that of the judgment below.

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