(영문) 창원지방법원 2017.10.19 2017노989 | 리걸엔진

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(영문) 창원지방법원 2017.10.19 2017노989

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair sentencing): The punishment of the lower judgment (an additional collection of KRW 10,000,000) is too unreasonable.

(b) A prosecutor (misunderstanding of facts concerning collection): a sum of KRW 50,000,000 should be collected as well as KRW 50,000.

2. Determination

A. The following facts are considered to have been established: (a) the sentence was to be taken into account; (b) the sentence was to be taken into account; (c) the sentence was to be taken into account; (d) the sentence was to be imposed once imprisonment with prison labor in 1999 in 199; and (e) the sentence was committed during the last period of suspension of execution; and (e) there were other unfavorable grounds for sentencing, including the part which was denied during the trial; (b) the entire confession of the crime; and (c) the extent of recommendations to be taken into account, including the fact that there were family members who should support the crime; (d) the sentencing guidelines were to be taken into account: (e) the two types (e) years and six months and four years (including marijuana; (b) the period of imprisonment with prison labor in 1995 and one year and one year and six (c) the period of imprisonment with prison labor in 1 year and six (3) years and more; and (e) the criminal facts were to be taken into consideration within the scope of the final sentence of imprisonment with prison labor for not more than three years and six (3) years and six (3) years) years and other types of imprisonment.

B. The Defendant delivered and provided 0.03 g of philophones (criminal facts No. 1), and sold 0.21 g of cash (criminal facts No. 2), and 0.03 g of 300,000 (criminal facts No. 3). Thus, 50,000 won from the Defendant (=criminal facts No. 1) and 500,000 won from the Defendant, since the F, who was provided with 10,000 philophones on the one-time market price related to 1.0,000 won related to 1.0,000 won, was administered on the same day, they were not confiscated.

Criminal facts

Sub-paragraph 2, relating to paragraph 2.

유사 판례

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