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(영문) 부산지방법원 2016.07.22 2016노1429
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and one month.

one during which seizure has been effected (No. 3).

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of one year and four months, confiscation and collection) is too unreasonable.

2. In light of the fact that the Defendant administered the crypt cryptopy (hereinafter referred to as “cypphones”), smokes from the cryptopy over twice, and possessed approximately 9.71g of marijuana. In light of the method and content of the crime, the crime is considerably poor in light of the criminal law and its contents, and the Defendant committed the crime of this case even though he had the record of being sentenced to punishment once to imprisonment for the same crime and one criminal punishment for suspended execution, and the Defendant committed the crime of this case, there is a need for a strict liability corresponding to the Defendant.

I see that it is.

However, in full view of the following: (a) the Defendant has led to the confession of all of the crimes in this case; (b) the Defendant appears to have actively cooperated in the relevant investigation by informing the investigative agency of the persons who administered and possessed phiphonephones at the time of the trial; and (c) other factors of sentencing as indicated in the argument in this case, such as equity in sentencing with similar and similar cases; (d) the Defendant’s age, sex behavior; (e) environment; (e) motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in each corresponding column of the judgment below, except for adding “1. Report of Investigation by the Prosecution (related to the claim for additional collection charges and collection preservation order) and “the price of cancer drug transactions during the monthly trend of narcotics in November 2015” to the column of “a summary of the evidence” as stated in the second page of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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