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(영문) 창원지방법원 2014.09.25 2014노1371
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the seized evidence shall be charged to the defendant.

Reasons

1. The summary of the grounds for appeal asserts that the lower court’s imprisonment (two years of imprisonment, confiscation, and collection KRW 900,000) is unreasonable.

2. In light of the fact that the crime related to narcotics is of great harm to society and the risk of repeating a crime, each of the crimes of this case is committed during the period of repeated crime as to the same crime, and the fact that the defendant has the records of punishment 12 times as to the same crime (ten times of imprisonment, one time of suspended sentence of imprisonment, and one time of fine), a sentence of sentence on the defendant is inevitable.

However, in full view of the fact that the defendant cooperates in the investigation into narcotics, the defendant's intention is firm, and the surrounding family members expressed their intention to actively support it, and the fact that the defendant reflects his wrong, etc., the court below's punishment is somewhat inappropriate considering the circumstances favorable to the defendant. In full view of other circumstances, such as the defendant's age, character, character, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records of this case, the court below's punishment is somewhat inappropriate

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

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