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(영문) 대구지방법원 2017.07.14 2016노3842
마약류관리에관한법률위반(향정)등
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court below No. 2 shall be reversed.

Defendant

A Fines 8,000.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Defendant A’s punishment (five million won in penalty) and Defendant A’s punishment (five million won in penalty) and 2’s punishment (five million won in penalty) are too unreasonable.

2) Defendant B’s sentence No. 1 (one year of suspended sentence in six months of imprisonment) is too unreasonable.

B. Each of the judgment below's punishment Nos. 1 and 2 against Defendant A by the public prosecutor and the first instance court's punishment against Defendant B is too unhued and unreasonable.

2. Determination

A. We examine the grounds for appeal by Defendant A and the prosecutor ex officio prior to the judgment on the grounds for appeal.

The first and second court sentenced A to a fine for each of the above judgments after the Daegu District Court 2016 High Court 3002 High Court 2016 High Court 201 High Court 5283 High Court 201 High Court 2016 High Court 201 High Court 201 High Court 5283 with respect to each of the crimes of this case against Defendant A. The appeal against each of the above judgments was filed, and the above appellate court decided to hold concurrent hearings. The crimes of the first and second court 1 against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the amount aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, all of the judgment of the court below 1 and second court 2 cannot be relieved.

B. It is more favorable to the Defendant’s assertion of unfair sentencing against Defendant B, including the following: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the Defendant’s attempted sale was less than the amount of the vehicle by 5,00,00 won, and the Defendant did not have any criminal record of the same kind of crime; and (c) there was no criminal record exceeding the fine.

However, the crime of this case is committed by the Defendant from A, or attempted to sell it to another person at a stroke m, and the crime of attempted sale by a stroke m is likely to be criticized as an act of spreading narcotics to the surrounding person, and the Defendant secured six of the 36 stroke m among stroke m.

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