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(영문) 수원지방법원 2016.04.29 2015노6579

마약류관리에관한법률위반(향정)등

Text

All judgment of the court below shall be reversed.

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

Nos. 1, 3 through 5.

Reasons

Summary of Reasons for appeal

A. Each sentence of the judgment of the court below (the first instance judgment: imprisonment of 1 year and 6 months, confiscation, additional collection of 2,150,000 won, and second instance: imprisonment of 3 months) is too unreasonable.

B. The 2nd judgment decision of the prosecutor (as to the second judgment of the court below) is too unfasible and unfair.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

The trial decided to consolidate each appeal case against the judgment of the court below.

However, since each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes must be sentenced in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment of the court below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to those indicated in the corresponding column of the judgment below, except for the correction of " August 19, 2014" as " November 11, 2014," under Article 369 of the Criminal Procedure Act, as follows:

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (3), Article 60 (1) 2, Article 4 (1) 2, and Article 4 (1) 1, Article 2 (1) 3 (b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and the Selection of Punishment, and Article 60 (3), Article 60 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) (a) of Article 314, Article 311 (a) and Article 31 of the Criminal Act for the Prevention of Illegal Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.