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(영문) 대구지방법원 2017.08.18 2017노1280
마약류관리에관한법률위반(향정)
Text

The judgment below

We reverse the part concerning collection among the penalty surcharges.

2 million won shall be additionally collected from the defendant.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and two months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. We examine ex officio the judgment on the defendant and prosecutor's assertion prior to the judgment.

In the collection of additional duties under the Narcotics Control Act, it is not necessary to separately collect an amount equivalent to 2.8g, since a series of acts by the defendant who handled the same drug within the scope he handled based on the defendant's standard constitutes separate crimes (see Supreme Court Decision 2000Do546, Sept. 8, 2000, etc.). According to the evidence duly adopted and investigated by the court below, as to this case, the logphone sold in paragraph (3) of the facts constituting the crime of the court below is part of the logphone purchased in paragraph (1). Thus, as long as the defendant collected an amount equivalent to 2.8g, the sum of the logphone purchased by the defendant is equivalent to 2 million won, it cannot be collected separately.

Nevertheless, the court below erred by misapprehending the legal principles on the additional collection under Article 67 of the Narcotics Control Act, thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment on a series of acts of handling the same narcotics. Thus, the part concerning the additional collection among the judgment of the court below shall not be maintained.

B. We also examine the prosecutor's decision on the grounds for appeal and the defendant's unfair argument in sentencing.

There are favorable circumstances such as the confession of all the crimes of this case and the pening of his mistake, and the fact that there is no criminal history of the same kind.

However, in the light of the addiction of narcotics and the harm caused by administration of narcotics, the narcotics crime is committed.

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