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(영문) 수원지방법원 2018.02.08 2017노8689
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1,390,000 won shall be additionally collected from the defendant.

3.2

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and six months, the additional collection of 1.390,000 won) is too unreasonable.

2. The misuse or abuse of a mental medicine is highly likely to cause harm to individuals and society, and the occurrence of many crimes by encouraging illegal drug transactions is serious. As such, it is necessary to strictize such harm. The Defendant simply did not me to administer medicine, but sold the medicine to them several times, etc., which is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sex, home environment, and motive and circumstance, the lower court’s sentencing is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of sale after camping out), Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 3 (b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, each decision to punish an offender;

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 proviso to Article 67 of the Narcotics Control Act;

1. The order of provisional payment;

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