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(영문) 서울동부지방법원 2016.11.25 2016노1329
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

one divers (Evidence No. 1), seized one divers (No. 1);

Reasons

1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was punished for a crime related to narcotics several times, and in particular, on August 29, 2013, the Defendant was sentenced to the suspension of the execution of ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and was again sentenced to the instant crime despite the suspension of the execution of three years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and that his attitude in the process of investigation and the

However, the crime of medication and possession of the instant philopon is deemed to possess a philopon remaining after administering a philopon on one occasion, and the amount of the Melopon’s quantity being insignificant and dealt with by the contents of the crime is relatively small, the crime of damage is not high in the value of the damaged goods, the victim does not want the punishment of the defendant, the defendant is currently divided into depth of his mistake, the fact that there is the most family member to support the crime, and taking into account all the sentencing conditions specified in the argument of the instant case, such as the circumstances leading to the crime, the defendant’s age, character and conduct, and occupation.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Medication, medication, and possession: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.;

(b) The point of destroying and damaging property: Article 366 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Management of confiscated narcotics;

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