(영문) 서울남부지방법원 2016.10.27 2016노1452

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(영문) 서울남부지방법원 2016.10.27 2016노1452

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A is the most supported by Defendant A, each of the crimes in this case is in a relationship of ex post concurrent crimes with the violation of the Act on the Control of Narcotics, etc. (fence) and the Act on the Control of Narcotics, etc. (fence) in which the judgment of the court below became final, and that the Defendant is able to faithfully live without committing a crime in depth and in the future, the punishment sentenced by the court below is too unreasonable.

B. In light of the fact that the crime of this case committed by Defendant B is in an ex post concurrent relationship with the crime of violation of the Act on the Control of Narcotics, etc. (fence) in the judgment of the court below, and that the Defendant is in an ex post facto concurrent relationship with the crime of violation of the Act on the Control of Narcotics, etc. (fence) and

2. Determination

A. The crime of this case committed by Defendant A is not less than 0.3g of the philophones delivered by the Defendant after having received philophones and administered two times, and the amount of the philophones delivered by the Defendant is not more than 0.3g. The lower court is not determined to be unfair by considering the fact that the crime of violation of the Act on the Control of Narcotics, etc. (fence) in relation to concurrent crimes in the latter part of Article 37 of the Criminal Act, which has become final and conclusive, considering the equality in the case where the judgment is concurrently rendered under the former part of Article 39(1) of the Criminal Act, and other circumstances favorable or unfavorable to the Defendant, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and criminal records, and the sentencing reasons of the lower judgment.

B. Defendant B committed the instant crime during the period of suspension of execution due to the same crime, and the lower court, which already became final and conclusive, committed the instant crime and the violation of the Act on the Control of Narcotics, etc. ( natives) in the latter part of Article 37 of the Criminal Act, is in the concurrent crime

참조조문

-마약류 관리에 관한 법률

-형법 제39조 제1항

유사 판례

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