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(영문) 부산지방법원 2017.06.16 2017노438
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

No. 3, 4 of the evidence seized by the defendant.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (a year and two months of imprisonment, confiscation, and collection).

2. The Defendant has a record of being punished for the same crime on March 25, 2009 and September 20, 2012.

Nevertheless, each of the crimes of this case was committed.

However, the defendant is led to confession and reflect.

The defendant informed all of the standing ships and the leaving of the ship during the investigation process, and actively cooperated in the investigation even after the trial is in the first instance.

Although the defendant has the same power, it is not a crime during the period of repeated crime, but a short term is hard to commit.

In addition, comprehensively taking account of the age character and character environment of the defendant, the motive and means of the crime, the circumstances after the crime, etc., and all the sentencing conditions indicated in the arguments and records of the case, the sentence of the court below is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's argument is with merit, and the judgment below is reversed and it is judged again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

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