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(영문) 서울중앙지방법원 2015.03.12 2014노4796
마약류관리에관한법률위반(향정)등
Text

The judgment below

The collection portion against the defendant shall be reversed.

7,479,200 won shall be collected from the defendant.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, additional collection of KRW 7,879,200) is too unreasonable.

2. Determination

A. The defendant's judgment on the assertion of unfair sentencing was made in the trial, and confession and reflects all the crimes; the 80g of phiphonephones sold to I by the defendant to I (76.38g in mind) was not distributed as he voluntarily submitted to the police by I; the defendant contributed to arresting N and Q by the police; the defendant was sentenced to heavy punishment; the defendant was sentenced to heavy punishment; the defendant did not have a criminal record related to narcotics; the defendant's wife did not have a good health due to a yellow disorder; the defendant's wife was not a deadly disabled; the defendant's wife was not a proper child; the defendant's wife was a deadly disabled; and the defendant's wife was a child; and the defendant's wife was a child. However, considering the following circumstances, the defendant's argument cannot be accepted since the defendant's sentence imposed by the court below is unreasonable.

The Defendant promised to pay N KRW 100,000,00,000,00,000,000,000,000,000,000,000,000,000,00,000,000,000,000,000,000,00,00,00,000,00,00,00,00.

In addition, the defendant purchased philophones from F several times, sold F the 4g of philophones to F, and committed a crime by administering philophones on a one-time basis.

The punishment determined by the court below seems to have taken into account all favorable circumstances to the defendant.

B. According to the records of this case’s judgment ex officio, the sum of KRW 7,479,200 (= KRW 3,700,000) calculated as follows should be collected from the Defendant.

① Amount collected as additional collection: 3,700,000 won [=1,600,000 Handphones related to the purchase of Handphones: 500,000 won related to the receipt of Handphones(=500,000,000 won)

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