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(영문) 수원지방법원 2014.11.20 2014노2933
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

2,360,000 won shall be additionally collected from the defendant.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and 2.36 million won of surcharge) is too unreasonable.

2. The offense related to the medication and distribution of narcotics requires the punishment of severe harm to society as well as to avoid the body and mind of an addict due to its serious addiction and propagation, and to injure the health of the general public and to arouse relevant crimes. The Defendant is not aware of the criminal conviction of the same kind of crime four times, but sells, purchases, administers, or purchases, and does not have a large quantity of phiphones handled through sale and purchase, etc., that are disadvantageous to the Defendant.

However, considering the fact that the defendant reflects his mistake and repents through the life of detention for not less than nine months, the fact that he contributed significantly to the arrest of him by actively cooperatinging with the investigation of a nationwide gambling organization and drug offender, the fact that he was abused from the person presumed to be subject to restraint in the course of investigation cooperation, his health conditions are lacking, his old age and appearance to be supported, his wife and his will want to be supported, and the fact that he wanted the defendant's preference to the defendant, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the age, character and conduct of the defendant as shown in the records and arguments in this case, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.

[C] The Criminal Procedure Act Article 369 applies to the criminal facts of the defendant and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below.

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