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(영문) 서울중앙지방법원 2015.10.08 2015노2945
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In full view of the following circumstances and the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime, and all of the sentencing circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

On November 23, 2013, the Defendant voluntarily reported the administration of 112 philophones after the administration of philophones with B on November 23, 2013.

On June 8, 200, the Defendant was sentenced to imprisonment with prison labor for a violation of the Psychotropic Drugs Control Act at the Seoul Central District Court for a period of ten years after he was sentenced to a suspended sentence of two years.

During the period of detention near eight months, the defendant seems to reflect his own mistake in depth, and has tried not to commit the same kind of crime again.

The family and branch members of the defendant want to be the wife of the defendant.

3. The court below, ex officio, should have collected 1.64 million won as stated below, and thus, it erred by misapprehending the legal principles on additional collection under the proviso of Article 67 of the Narcotics Control Act in the part of the judgment below, which affected the conclusion of the judgment.

(1) 2014 highest 1505: 10,000 won (per one time for the medication of opon): 2014 highest 1824: 90,000 won (=300,000 won (per two times for the purchase of opon) 400,000 won (per two times for the purchase of opon)) Defendant administered a opon purchased on March 9, 2014 on the same day (per one time for the administration of opon), and thus, it is not additionally collected as a penalty because the part administered on March 9, 2014 at 00:30 highest 1824 evidence records, 189, 203) was equivalent to the opon purchased on the same day.

(3) Highest 3458: 640,00 won [the purchase of philophones) 300,000 won (the purchase of philophones on November 1, 2013) 240,000 won (the receipt of philophones on December 18, 2013)] purchased or received free of charge by the Defendant, shall be administered or administered.

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