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(영문) 서울중앙지방법원 2017.12.01 2017노3754
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to seven months.

has not been used.

Reasons

1. The main sentence of the appeal is too heavy.

2. The fact that each of the instant crimes was committed during the same repeated crime period is disadvantageous to the Defendant.

However, there are three children who are responsible for rearing after having divorced with their wife, while the wife was designated as the wife in the divorce lawsuit between the defendant and his wife, it seems that the branch of the defendant and his wife are currently raising the child on behalf of the defendant.

In full view of the fact that there is a risk that the welfare of the children may be substantially impeded due to the absence of the defendant's long-term period of time, and all kinds of sentencing conditions in the records and arguments of this case, including the defendant's age, sex, environment, motive, means, and consequence of the crime, etc., the sentence of the court below against the defendant seems to be unfair to maintain it as is too

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is so decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the point of possession of philophone medication and possession) concerning criminal facts, Article 61(1)4(b) and Article 3 subparag. 10(b) (the point of possession of clophone for smoking) of the same Act, Article 21(1) of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc., and Selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Crimes of violation of the Act on the Control of Narcotics, etc. within the scope of the recommended punishment according to the sentencing criteria;

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