(영문) 부산지방법원 2015.08.27 2015노1173 | 리걸엔진

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(영문) 부산지방법원 2015.08.27 2015노1173

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment has the same record as the defendant, and that the defendant again committed the instant crime during the suspended execution period is disadvantageous to the defendant.

However, the defendant does not seem to have administered philophones after the crime of this case, such as the confession of the crime of this case and his depth, the fact that the defendant led to a simple one-time medication, and the occurrence of philophones voice response from the urine and the maternity examination conducted at the time of arrest, etc. The defendant played a big role in seizing approximately 52.8 grams and arresting the upper line by actively cooperating with the investigation, such as informing the upper line, etc., and the defendant has a significant role in seizing approximately 52.8g of philophones and arresting the upper line. From June 2014, the defendant is able to avoid the intention of not sending narcotics again, such as voluntarily attending a single medicine meeting and trying to treat the symptoms of the existence of drugs, and it seems that it is true that the defendant will grow up with the birth of her husband and her family members, etc., and neglecting to manage her family members, and it is determined that the defendant suffers from the mental suffering and mental suffering of the defendant.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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