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(영문) 청주지방법원 2015.11.20 2015노986
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

70,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year and two months of imprisonment, additional collection 700,000 won) is too unreasonable.

2. The instant crime is determined by the Defendant’s purchase on two occasions the Meptamins and medication once, and the punishment for the illegality of the instant crime is not minor.

In addition, the Defendant, at the Daegu District Court on September 19, 2014, sentenced the community service order of 10 months, 2 years of suspended execution, and 120 hours of imprisonment for the same crime, and appealed (the above court 2014No3522) and continued to serve in the appellate court, but committed the instant crime of medication on April 27, 2015.

In addition, considering the fact that the defendant had been sentenced to suspended sentence for the same crime in 197 before the crime of this case was committed by the defendant, one of the other crimes, two times of fines, and two of the crimes of this case by the court below, it is necessary to strictly punish the defendant.

However, when the defendant was in a trial, the defendant committed the crime of this case, and shows his attitude to see his own mistake in depth.

Furthermore, the equity should be taken into account with respect to each of the instant crimes committed on October 31, 2015, in relation to the violation of the Act on the Control of Narcotics, etc. (the act of violation of the Act on the Control of Narcotics, etc.) and the latter part of Article 37 of the Criminal Act.

In addition, considering the following circumstances, it seems unfair for the lower court to have determined that the Defendant’s dynamics were under the influence of administering her blood cancer, and the Defendant is subject to an examination on the suitability of the organ transplant, and that the Defendant also was under the influence of drug treatment due to aggravation of high blood pressure symptoms with the disabled who was judged on March 30, 201 (Grade VI), and other various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime.

3. If so, the defendant's appeal is reasonable.

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