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(영문) 부산지방법원 2013.03.21 2013노438
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year and six months of imprisonment, and one hundred thousand won of collection) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant has been punished four times for a crime related to narcotics; (b) the Defendant is recognized to have committed the crime of this case during the period of repeated crimes for the same kind of crime, but the Defendant is not guilty of committing the crime of this case; (c) the crime of this case is merely a single simple medication; (d) the equity in sentencing with the same similar case; (e) the motive and circumstance of the crime of this case; (e) the motive and circumstance after the crime of this case; (e) the circumstances after the crime of this case; (e) the Defendant’s age, character, conduct, and environment; and (e) the sentencing conditions specified in the records and arguments of this case; and (e

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

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

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