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(영문) 의정부지방법원 2016.02.03 2015노3374
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the 8th month, confiscation, 300,000 additional collection) is too unreasonable, which is a summary of the grounds for appeal.

2. The following circumstances are recognized: (a) the Defendant recognized his mistake and actively cooperated in the investigation by informing another narcotics offender (the trial record 92 pages); (b) there is no record of punishment exceeding a suspended sentence; and (c) the father’s health is not good (the trial record 114 pages); and (d) the mother’s wife wanted to take the Defendant’s wife.

However, the crime of this case is alleged to have been administered in collusion with C by the defendant 5 g of phiphones and received 0.3 g of 0.3 g of her among them, and the issue is not less than that of this case, and each crime of this case was committed during the suspension period of execution due to the same crime, and the defendant alleged to have been administered phiphones by coercion, but the defendant cannot be trusted in light of C's statement at investigation agency and C's investigative agency's statement, etc. (in case of investigation records, 69, 79 pages). Rather, the defendant asked C to make a false statement after the occurrence of the crime of this case, which is not poor in light of the circumstances after the crime of this case, and other factors of sentencing as shown in the records, such as the defendant's age, environment, occupation, family relation, etc., and the scope of the recommended sentence under the sentencing guidelines of the Supreme Court.

1. Class 1 Crimes [Violation of the Act on the Control of Narcotics, Etc. by Handphones] and the basic area [referring to the person subject to special mitigation: Cooperation in important investigation, persons subject to special aggravation: Persons subject to the same criminal investigation, persons subject to the same special aggravation: not less than 3 years of probation)], 10 months to 2 years of imprisonment;

2. In the basic sphere of crimes of Class 2 (Violation of the Act on the Control of Narcotics, etc. Caused by Handphone medication) [Article 3 (b) and (c) of the Enforcement Decree of the Act on the Control of Narcotics, etc.)] and the basic area [Article 3 (D) and (d) of the Enforcement Decree of the Act on the Control of Narcotics, etc. Caused by Handphone medication]. The same kind of persons who cooperate with an important investigation

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