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(영문) 수원지방법원 2017.05.12 2017노1092
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 2, 3, and 4 of seized evidence from the defendant.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. Considering the favorable circumstances, such as the fact that the defendant confessions and speaks against the judgment, the fact that the defendant has no criminal history in Korea, there is a family member to support, the fact that the defendant has cooperatedd with the investigation of two persons selling the phiphones, etc. submitted in the trial, the defendant's argument that the crime is not good by purchasing and selling the phiphones from simple medication, selling and purchasing the phiphones, and the fact that the amount of the phiphones seems not to be somewhat weak to the degree of addiction to the phiphones in light of the results of the assessment of the phiphones, etc., the defendant's age, sexual behavior, motive for the crime, frequency of the crime, method of crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's argument that the defendant's sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment (the purchase, medication, sale, possession of phiphonephones, and the choice of imprisonment);

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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