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(영문) 창원지방법원 2015.09.03 2015노1654
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (one year and two months of imprisonment, and one hundred thousand won of collection) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in a bill of amendment with the content that “A about 0.3g is inserted into a disposable injection machine” among the facts charged at the trial court. Since the subject of the adjudication by this court was changed by permitting it, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the judgment below is reversed, and the following is again decided

[C] In addition to the alteration of the facts constituting a crime and the summary of evidence recognized by the court below and the summary of the evidence, the crime and the summary of the evidence are as stated in the corresponding column of the judgment of the court below in addition to the alteration of the facts constituting a crime of the court below as "as a part of a part of a part of a single dynasium 0.03g to "as a part of a

(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 for aggravated repeated crimes;

3. In light of the fact that the crime related to narcotics for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is highly harmful to society due to toxicity, and the Defendant has already been punished several times due to the same kind of crime, and commits the instant crime during the period of repeated crime, it is inevitable to sentence the Defendant as a sentence.

The fact that the defendant recognized the crime of this case and reflecteds the mistake, and the fact that the defendant seems to keep narcotics in the future and live a new life, etc. are considered as favorable to the defendant.

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