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(영문) 대구지방법원 2015.07.24 2015노1985
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenders; the Defendant has the history of criminal punishment at least six times of imprisonment with labor for the same kind of crime on March 28, 2014; and in particular, even if the enforcement of the sentence was completed on March 28, 2014, the Defendant committed the instant crime even during the repeated crime period after he/she was sentenced to imprisonment with labor for the same kind of crime; however, there are unfavorable circumstances, such as the fact that the Defendant, after three days from the date of the instant crime, voluntarily surrenders himself/herself to the police, led to the confession of the instant crime; the Defendant is against the mistake; the said crime was committed on the one-time medication; the Defendant actively cooperates with the investigation of narcotics-related investigation by stating to the drug supplier (one-time medication); the Defendant’s home situation and his/her address are irrelevant.

The crime of this case results in the crime of this case, and the scope of the recommendation guidelines of the Supreme Court for the crime of this case [basic crime: the medication, simple possession, etc. of the narcotics crime group]

Considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

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