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(영문) 춘천지방법원 2016.11.16 2016노841
마약류관리에관한법률위반(향정)
Text

The judgment below

The third part of the judgment is reversed.

A person shall be punished by imprisonment with prison labor for not less than eight months against the third offense in which he decides the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., punishment Nos. 1 and 2 in the original judgment): Imprisonment with prison labor for 6 months and imprisonment with prison labor for 3 years in the original judgment: one year) is too unreasonable.

2. Determination

A. In full view of the facts that the Defendant had been punished twice for the same kind of crime, the fact that there is a large amount of philophonephones arranged by the Defendant, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to the instant crime, means and consequence, etc., the lower court’s punishment for the crimes Nos. 1 and 2 as indicated in the judgment of the lower court is too unreasonable.

Therefore, the defendant's assertion of unreasonable sentencing is without merit.

B. In light of the fact that at the third sentence of the crime as indicated in the holding of the court below, the investigation official document submitted by the defendant who actively cooperates in the investigation of narcotics, the frequency of medication of phiphones is one time, and the defendant recognizes all of the crimes of this case and is against the depth, the punishment of the court below as to the third crime as stated in the holding of the court below is too unreasonable.

Therefore, this part of the defendant's assertion of unreasonable sentencing is justified.

3. In conclusion, since the defendant's appeal against the third part of the judgment of the court below as to the crime of violation of Article 364 (6) of the Criminal Procedure Act is well-grounded, the part concerning the third part of the judgment of the court below as to the crime of violation of Article 364 (6) of the Criminal Procedure Act shall be reversed, and the defendant's appeal against the first and second part of the judgment of the court below shall be dismissed pursuant

【The reasons for the judgment of multiple times: The facts constituting the crime and the summary of evidence in the judgment of the court below are the same as the facts constituting the crime and the summary of evidence in the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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