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(영문) 서울북부지방법원 2015.06.25 2015노667
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (one year of imprisonment and an additional collection of 3.6 million won) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant's mistake is recognized and is against the depth of the defendant's mistake, and is the disabled of class 3 of the cerebral disease, there is a need to severely punish the defendant due to the toxicity of narcotics, and there is a need to severely punish the defendant, and there is any other serious harm inflicted on the society and the family due to the toxicity of narcotics, and there is no reason to view that the defendant's health condition is bad, living conditions as basic livelihood security recipients are very difficult, and that the defendant actively cooperates with the narcotics investigation by providing information to investigation agencies, etc., but the defendant has the history of punishment for the same crime as the crime of this case by the crime of this case, the defendant purchased and administered a large number of barphones over several times, and there is no reason to view that the defendant's crime of this case is too serious before and after the crime of this case, the motive and circumstance leading up to each crime of this case, the defendant's age, personality and behavior, occupation, and circumstances, etc.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, Article 67 of the "Act on the Control of Narcotics, Etc." is clear that the "Article 67 of the Act on the Control of Narcotics, etc." is an erroneous entry under the proviso of Article 67 of the "Act on the Control of Narcotics, etc.", and thus, correction is made

.

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