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(영문) 부산지방법원 2012.10.26 2012노1956
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

10,000 won shall be collected from the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Determination: (a) the Defendant has already been sentenced to imprisonment over 20 times due to the violation of the Psychotropic Drugs Control Act and the violation of the Psychotropic Drugs Control Act; (b) on June 17, 2011, the Defendant was sentenced to one year of imprisonment due to the violation of the Narcotic Drugs Control Act; and (c) on March 31, 2012, released the Defendant without being aware of the fact that he again committed the same kind of crime again within 10,000 week from the time of release without being aware of the fact that he had been repeatedly committed; (d) however, on the other hand, the Defendant made statements that he led to confession of the crime of this case and his mistake are divided in depth; (e) the Defendant’s mother and her mother appear in the direction of the Defendant, and (e) the Defendant appears in the direction of the Defendant’s family relation; and (e) the Defendant’s voluntary statement that he had been given to the investigative agency about the crime of this case, and (e) the Defendant appears to have been given the Defendant’s oral prescription at the same time.

3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

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