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(영문) 창원지방법원 2016.11.03 2016노1858
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor, the additional collection of KRW 100,000, and the second instance judgment: KRW 500,000) is too unreasonable.

2. According to the judgment of the court below on the grounds for appeal ex officio (the part of the court below's judgment). According to the records, the defendant was sentenced on January 27, 2015 to one year and six months for the violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court's Gowon District Branch's Gowon Branch's branch on January 27, 2015, and the above judgment became final and conclusive on September 10, 2015 (see the judgment below's judgment on the grounds of appeal). The crime of fraud of this case is a concurrent crime between the crime for which the above judgment became final and the crime of Article 37 (1) of the Criminal Act and the latter part of Article 39 (1) of the Criminal Act, while the judgment of the court below omitted the sentence.

Therefore, the judgment of the second court can no longer be maintained in this respect.

3. Determination on the assertion of unfair sentencing (the part of the judgment of the court below of the first instance) and the Defendant’s confession and reflects on the crime, cooperation with the investigation of narcotics-related criminal is an advantageous reason for sentencing, and narcotics-related crimes are highly harmful to society due to their toxicity, 13 criminal records of the same kind and, in particular, about two months since they were released from prison due to the same kind of crime, it is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the first instance judgment is deemed to be appropriate. Therefore, this part of the Defendant’s assertion is without merit.

4. In conclusion, the appeal by the defendant against the judgment of the court of first instance is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the judgment of the court below second.

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