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(영문) 창원지방법원 2015.02.05 2014노2184
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

No. 3 of seized evidence shall be charged to the defendant.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the court below's imprisonment (ten months of imprisonment, confiscation, and collection KRW 100,000) is too unreasonable.

2. In view of the fact that the offense related to narcotics is of great harm to society, the risk of recidivism, the Defendant committed an additional crime, such as damage to property, etc. while administering narcotics, and the Defendant has the past record of punishment several times as a result of a crime related to narcotics, a sentence of sentence on the Defendant is inevitable.

However, in full view of the following circumstances: (a) the Defendant cooperates in the investigation into narcotics in the lower court and the trial; (b) the victim of the crime of causing property damage does not want the punishment of the Defendant; and (c) the family members supporting the Defendant, etc. who are favorable to the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances that conditions for sentencing specified in the present pleading and the record, such as

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 148-2 (3) and Article 45 of the Road Traffic Act (the point of operation in a state where the normal operation is unlikely due to drug substances), Article 366 of the Criminal Act, Article 245 of the Criminal Act, and Article 245 of the Act on the Selection of Narcotics, Etc., and Selection of Imprisonment with labor;

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

3. To manage narcotics, etc. confiscated and collected;

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