마약류관리에관한법률위반(대마)등
The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a period of one and half years.
An applicant for the scope of adjudication in this Court shall not file an appeal against a judgment dismissing an application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and a case applying for compensation order shall be finalized immediately.
Meanwhile, in a case where an appeal against a judgment of conviction is filed, the confirmation of a compensation order is interrupted even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the same Act). The lower court dismissed the application for compensation filed by C, D, E, F, G, and H, which is the applicant for compensation, and became final and conclusive immediately as it is impossible to file an objection against this part, and thus, the aforementioned dismissed part of the judgment of the lower court is excluded from the scope of
Meanwhile, the lower court accepted the application for compensation B by the applicant for compensation, and the Defendant did not assert any grounds for appeal against this part, and cannot find any grounds for revocation or alteration even if ex officio is examined, and thus, the cited part of the lower judgment’s compensation order remains intact.
The sentence of the court below (two years of imprisonment, 3.50,00 won of collection) in the reasons for appeal is too unreasonable.
Judgment
Although the Defendant had had the record of receiving juvenile protective disposition more than 20 times due to various crimes, such as fraud of the law like this case, the Defendant acquired, during a short period of 65 times, 9 million won from many unspecified persons as the price for goods, and purchased and smoke marijuana with profits therefrom. In light of the details, method, frequency, and outcome, etc. of the crime of this case, it is not very good that the crime is committed.
The defendant is arrested and investigated by the police during the crime of fraud and is trying to make efforts to repay the damage under detention. When the request for a detention warrant was dismissed by the court, the defendant escaped, continued to commit the crime of fraud of the same law, delayed the report of crime by face-to-face interview with the victims, and some victims have filed a civil lawsuit.