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(영문) 의정부지방법원 2013.10.25 2013노1474
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Nos. 1 (Handphone 9g), n.e., seized evidence.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The sentencing materials that are disadvantageous to the defendant include the fact that the defendant has more than 10 times of judgment, and the defendant has committed the same crime during the period of repeated crime due to the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; and (b) actively cooperate in the investigation of a narcotics offender and shows the suspension of narcotics; and (c) the Defendant’s age, character, conduct, environment, background leading to this case; (d) circumstances leading to this case; and (e) conditions for sentencing specified in the present argument, the sentence imposed by the lower court against the Defendant appears to be somewhat unreasonable; and (b) the Defendant’s allegation is reasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as 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. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) and Article 60 (1) 2, Article 4 (1) and Article 2 of the Act on the Selection and Management of Narcotics, Etc

1. Article 35 of the Criminal Act of Aggravation of Cumulative Offense (Inasmuch as there is a previous conviction at the time of original adjudication, each of the above crimes)

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

1. As examined in the grounds for sentencing under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

It is so decided as per Disposition for the above reasons.

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