(영문) 광주지방법원 2017.11.29 2017노3314 | 리걸엔진

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(영문) 광주지방법원 2017.11.29 2017노3314

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering that the nature of the instant crime is not good, and that the Defendant repeatedly commits the instant crime despite having the same criminal record, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is already divided in depth; (b) the Defendant’s previous conviction was extremely long; (c) there was a family member to support the Defendant; and (d) the Defendant’s age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable, and thus, the above argument by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

참조조문

-마약류 관리에 관한 법률 제2조 제3호

-마약류 관리에 관한 법률 제4조 제1항 제1호

-마약류 관리에 관한 법률 제60조 제1항 제2호

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