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의정부지방법원 2018.10.25 2018노2004
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

No. 816 of the 2018 District Public Prosecutor's Office of Government is No. 816.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, confiscation, and collection KRW 300,000) is too unreasonable.

2. The judgment is disadvantageous to the Defendant, in light of the fact that the Defendant did not possess or administer philophones but sold them for sale, and the quantity and frequency of philophones handled by the Defendant, etc.

However, the defendant's confession of the crime, there is no criminal record of the same kind, there is no record of criminal punishment exceeding the fine, and the defendant's father and wife will be consulted with the Korean Association for the Elimination of Narcotics.

In full view of all the records and arguments of this case, including the fact that the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is somewhat unreasonable.

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 the defendant's appeal is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by 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 the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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, Etc. (excluding the part consumed as an appraisal);

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (600,000 Handphones for selling phiphonephones x 3 times);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Sentencing criteria;

(a) 1 offence (the type of recommendations) (the sale of phiphonephones);

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