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(영문) 서울고등법원 2020.01.10 2019노1951
마약류관리에관한법률위반(대마)
Text

The judgment below

Of them, the part of innocence against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. On October 10, 2018, the progress of the lawsuit filed a prosecution against the Defendant on the grounds that each of the following crimes was committed on the following grounds: (i) six occasions for the purchase of marijuana and 44 times for the smoking of marijuana jointly with B; (ii) 16 times for the purchase of marijuana by the Defendant alone; (iii) 53 times for the smoking of marijuana (as indicated in [Attachment Table No. 1-16]; and (iv) one time for the storage of marijuana.

On December 12, 2018, the lower court found the Defendant guilty of the remainder of the charges except for the point of smoking marijuana 45 times in total as indicated in Nos. 1-15 of the Crime Sympis No. 4 (hereinafter “each of the charges charged in this case”), among the charges charged of smoking 53 marijuana as indicated in the foregoing paragraph (2) on December 12, 2018, sentenced the Defendant to imprisonment for one year, suspension of execution two years, probation, community service order for 120 hours, confiscation, and additional collection, and sentenced the Defendant not guilty on each of the charges in this case by recognizing that there is no

The prosecutor appealed from the judgment of the court below on the grounds of misconception of facts or misunderstanding of legal principles as to each of the facts charged in this case, and the trial prior to remand was dismissed by the prosecutor on April 25, 2019 on the ground that there is no evidence to reinforce the confession of the defendant.

A prosecutor filed an appeal against the judgment of the party before remanding the case on the grounds of misunderstanding the legal principles as to the evidence of confessions, and the Supreme Court held otherwise on August 29, 2019, the judgment of the party before remanding the case was reversed by misapprehending the legal principles as to the evidence of confessions, which affected the conclusion of the judgment, and remanded the case to this court.

B. Of the judgment of the court below, the Defendant and the Prosecutor did not appeal the part of the judgment of the court below regarding the guilty, and only the Prosecutor appealed the part of the judgment of the court below regarding the acquittal. Thus, the aforementioned guilty part is determined separately on December 20, 2018, and it is subject to the judgment of the court.

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