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수원지방법원 2015.01.08 2014노5068

마약류관리에관한법률위반(향정)

Text

The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment, one year of additional collection, 650,00 won) is too unreasonable.

Judgment

In light of all the circumstances, including the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be heavy, taking into account the following circumstances: (a) the Defendant went beyond the simple administration of philopon, but the Defendant was against the Defendant’s living in custody; (b) the Defendant did not have any previous record; and (c) the Defendant’s age, character, and environment

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (one point of the purchase and sale of phiphones and the administration of phiphones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act ( considered for the reasons for reversal of the sentence);

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

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