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(영문) 창원지방법원 2016.07.06 2016노557
마약류관리에관한법률위반(향정)
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. The defendant A shall be punished by imprisonment for eight months;

3. The defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the imprisonment of one year, additional collection of 50,000 won, the imprisonment of ten months, suspension of execution of two years, observation of protection, pharmacologic treatment, additional collection of 40,00 won) is too unreasonable.

2. Determination

A. The fact that Defendant A had been punished several times for the same kind of crime, and that Defendant A committed each of the instant crimes without being aware of it during the period of suspension of execution, and that Defendant A’s quantity and the frequency of medication are not significant.

However, there is a favorable circumstance that Defendant A made a confession of all of his crime and reflects his mistake in depth, and the investigation agency was allowed to commit his crime, and actively cooperate in the narcotics-related investigation by making statements against the philophone seller and his accomplice B.

In addition to the above circumstances, comprehensively taking account of the following circumstances, Defendant A’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., the punishment imposed by the court below on Defendant A is somewhat unreasonable.

Therefore, Defendant A’s argument of sentencing is justified.

B. Although Defendant B’s part against Defendant B is an initial crime with no criminal history, and there are favorable circumstances, such as the fact that Defendant B’s phiphone medication is against each other, the number of times is not significant. Narcotics-related crimes need to be strictly punished because they are highly malicious in the society and have a high risk of repeating crimes, and other factors of sentencing specified in the instant records and arguments, such as Defendant B’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or maintains it as it is.

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