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(영문) 광주지방법원 2016.08.25 2016노647

마약류관리에관한법률위반(향정)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 10, 12 through 37, respectively, of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: imprisonment of one year and four months, confiscation, additional collection, and second instance: imprisonment of eight months, confiscation) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, after the pleading, on the grounds that there is a ground for reversal ex officio as above, and without all of the judgment of the court below as to the defendant's unfair argument of sentencing and the prosecutor's unfair argument of sentencing against the judgment of

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (the trade, medication, possession, and provision of opon), Article 61 (1) 6, and Article 4 (1) of the same Act (the hemp);

possession), each choice of imprisonment

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (applicable basis for narcotics transaction price);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Wilopon Sale).