(영문) 부산지방법원 2015.09.03 2015노1739 | 리걸엔진

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(영문) 부산지방법원 2015.09.03 2015노1739

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

200,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The facts that the defendant had the same record of judgment 12 times, and the defendant committed the crime of this case during the repeated crime period are disadvantageous to the defendant, or that the defendant led to the crime of this case to the defendant, that the defendant led to the confession of the crime of this case after medication to the investigation agency by requesting the defendant to find out and arrest him, that the defendant cooperates with the investigation by informing him of his wrongness, that the defendant's refusal to release from prison would help the defendant lead to a new life by teaching work, etc. In addition, the defendant's refusal is also promising that he would not pay attention and effort to allow him to stop, and that the defendant is able to support his family in good faith without preventing such crime, and that the above defendant and his family members, as well as that the defendant and his family members agree with the investigation of this case so that he can arrest him, and that it can be considered that there are many other factors such as the defendant's life and behavior in good faith and society, and that it can be considered that it will help the defendant's family and surrounding society, as well-being factors of this case.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts constituting a crime and the summary of the evidence recognized by the court, since all of the judgment below are the same as the corresponding columns of the court below.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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