logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.07.13 2017노758
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for a term of one year and ten months.

approximately 0.78 g, approximately 3.17 g, seized penphones

Reasons

1. The main reasons for appeal are as follows. Each punishment of the lower court against the Defendants (two years of imprisonment, additional collection, two years of imprisonment, confiscation, and additional collection) is too unreasonable.

2. The Defendants repeatedly committed each of the instant crimes despite the fact that the Defendants had been subject to the same criminal record and punishment for the same criminal record, and there is an unfavorable circumstance to the Defendants.

However, in full view of the Defendants’ respective ages, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and all other factors of sentencing as shown in the pleadings and records, such as the Defendants’ respective ages, sexual conduct, environment, motive and circumstance of the crime, means and consequence, all the punishment imposed by the lower court against the Defendants are too excessive and unfair, and thus, the Defendants’ allegation of the above punishment is justified.

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

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act (the occupation of sculpphones in March 2016, the occupation of imprisonment with prison labor), Articles 60(1)2, 4(1)1, and 4 subparag. 3(b) of the Narcotics Control Act (the choice of imprisonment with prison labor)

B. Defendant B: Article 60(1)2 of the Narcotics Control Act.

arrow