(영문) 광주지방법원 2018.09.19 2018노1689 | 리걸엔진

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(영문) 광주지방법원 2018.09.19 2018노1689

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

30,000 won shall be additionally collected from the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good, and that the defendant committed the crime of this case again during the suspension period of execution for the same kind of crime even though he had a previous conviction, strict punishment against the defendant is needed.

However, in consideration of the fact that the defendant has already divided his mistake in depth, that the health of the defendant is not good, that the frequency of scopon medication is only one time, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, etc., the court below's punishment against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 60 of the Act on the Management of Narcotics, etc. and Selection of Punishment for Criminal Facts, Articles 60 (1) 2 and 4 (1) 1 of the Act on the Management of Narcotics, etc., and Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

참조조문

-마약류 관리에 관한 법률 제4조 제1항 제1호

-마약류 관리에 관한 법률 제60조 제1항 제2호

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