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(영문) 창원지방법원 2015.02.05 2014노2831
마약류관리에관한법률위반(향정)
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.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the lower court (one year and eight months of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. In view of the fact that the judgment-related crime is highly harmful to society, the risk of recidivism, the crime of this case is committed during the repeated crime period for the same kind of crime, and the defendant has the record of punishment several times for the same kind of crime, it is inevitable to sentence the defendant as a sentence.

However, considering the fact that the Defendant cooperates in the investigation into narcotics and the fact that the Defendant’s family members support the Defendant, etc. in favor of the Defendant, the lower court’s punishment is somewhat inappropriate, taking into account the equity in similar cases and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, background, means and method of the crime, and circumstances after the crime, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

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

3. Article 67 of the Act on the Management of Narcotics, etc. for Collection.

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