logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.11.04 2015노723
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Disposable injections (No. 1) used as seized.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment of the court below is deemed to be unfair in light of the fact that the defendant committed the crime of this case at a multiple times during the period of repeated crime resulting from a drug-related crime, while there are unfavorable circumstances such as the defendant committed the crime of this case during the period of repeated crime. Meanwhile, considering the fact that the defendant recognized the crime of this case and reflected it, the defendant actively cooperatedd in the investigation of the crime of this case, and other various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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), subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, etc., Selection of Imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

arrow