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(영문) 의정부지방법원 2016.01.13 2015노1159
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

(a) Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravated Punishment for Concurrent Crimes) of the Act on the Control of Narcotics, etc. by Handphones Purchase (Article 3 (3) of the Act on the Aggravation of Crimes and Punishment of Crimes)

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (2.1 million won = 9 million won);

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is deemed to be minor in light of the fact that the defendant purchased and administered phiphones, and thus, is highly likely to cause social violence or re-offending of a narcotics crime;

subsection (b) of this section.

However, it seems that the defendant has recognized all of the crimes and the defendant has been detained for about two months by the time of the pronouncement of the judgment of the court below, and that the defendant has no record of punishment for the same kind of crime before that time, and that the social relation of the defendant is obvious and if the defendant is re-detained again, it would result in an excessive difficulty for his family members.

The former sentencing guidelines (amended on April 13, 2015) shall apply to all the conditions of sentencing, including the motive and background of the crime including the above circumstances, circumstances after the crime, the defendant's environment, criminal records, etc., and the case in which the sentencing guidelines of the Supreme Court was indicted on March 4, 2015.

The scope of the above-mentioned sentence (a year of imprisonment - a year 1 year - a year 1, a second-year and August 1, 3 (a crime for each purchase): the group of narcotics crimes, trade, good offices, etc., two types (mariju, fab. b. c. and c.) , the basic area of imprisonment - a year - a year 3 crime : the group of narcotics crimes, medication, simple possession, etc., three types (b. b. c. and c.), the basic area of imprisonment - 10 months - two years according to the standards for multiple-year processing : imprisonment - year 1 year - August 3 months); and the sentence shall be determined as ordered.

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