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(영문) 춘천지방법원 2014.08.13 2014노376
마약류관리에관한법률위반(대마)
Text

The judgment below

I reverse the forfeited portion.

The remaining appeal by the defendant is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment, confiscation, collection 4,00 won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the green melting 0.09g (No. 2) that was seized may be recognized as having not been consumed for the entire appraisal, and since the court below sentenced the above seized articles that were already destroyed and not yet destroyed and thus sentenced to forfeiture, there is an error of law in violation of the law and affected the conclusion of the judgment among the judgment below.

B. Although there are favorable circumstances, such as the fact that the defendant recognized his mistake and reflects on the defendant's assertion of unfair sentencing, that the defendant's family and branch members want to take the lead of the defendant while escaping the defendant's wife, the defendant has been punished several times due to the same crime, and the defendant committed part of each of the crimes of this case without being aware of during the period of suspension of execution due to the same crime. Narcotics-related crimes need to be strictly punished in terms of social harm and danger of recidivism, and other factors of sentencing indicated in the records, considering the motive and background leading to each of the crimes of this case, circumstances after the crime, and the defendant's age, character and behavior, environment, etc., the above argument by the court below is not unreasonable since the defendant's punishment against the defendant is too inappropriate.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and since the remaining appeal by the defendant is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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