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울산지방법원 2016.03.18 2016노121

마약류관리에관한법률위반(대마)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of six months, additional collection of 50,000 won) is too unreasonable.

2. On August 23, 2013, the Defendant committed the instant crime even though he/she was sentenced to 8 months of the suspension of execution after having been sentenced to 2 years of imprisonment with labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) by the Ulsan District Court on August 23, 2013. In light of the fact that narcotics-related crimes are seriously detrimental to the society due to toxicity of narcotics, etc. and are highly likely to harm the public health and social safety, it is necessary to strictly punish

However, the fact that the defendant recognized the crime of this case through the life of detention for about 3 months, the amount of marijuana used by the defendant is small, although the defendant was punished by a fine for the same kind of crime, it appears that the crime was committed before about 18 years, and that the defendant's family is not close to the marijuana for a considerable period of time thereafter, and that the social ties relation is relatively obvious, such as the defendant's birth and protection of the defendant's wife while the defendant's family members want to have the defendant's wife, etc.

In full view of the above unfavorable circumstances and favorable circumstances, and other circumstances, such as the Defendant’s age, sex, environment, economic condition, family relationship, motive and circumstance of a crime, and circumstances that are the conditions for sentencing as shown in the trial process, the lower court’s punishment is somewhat unreasonable and unfair. Thus, the Defendant’s above assertion has merit.

3. If so, 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 after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, the summary of the evidence is identical to the corresponding column of the judgment below.