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(영문) 대전고등법원 2017.02.03 2016노276
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

One plastic paper that has been seized (2015 Gohap 299).

Reasons

Improper sentencing of the main reasons for appeal: The sentence of the lower court (three years of imprisonment) is too unreasonable.

An ex officio judgment prosecutor shall change the facts charged as stated in the facts charged after the trial at the court below, and apply the provisions of the law to apply "Article 5-2 (4) and (5) of the Narcotics Control Act" with the deletion of "Article 5-2 (5) of the Act on the Control of Narcotics, etc.," and this court permitted the same and permitted the same, so the judgment of the court below is no longer maintained in this regard.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows without examining the defendant's improper assertion of sentencing, on the ground that there is an ex officio reversal.

Criminal facts

The summary of the judgment of the court below and the summary of the evidence are as follows: "B-B-CHMINAACA; hereinafter "B-B-B-B-B-B-W-018 (JJA); B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-ACA; hereinafter "b-B-B-018"); B-B-B-B-B-B-B-B-B-B-D (hereinafter "B-018); B-B-B-B-B-B-B-B-B-B-B-BA; hereinafter "B-B-B-B-B"; hereinafter the same shall apply); B-B-B-B-B-B-B-B-BA-B-B-B-B-B-B-D's list of narcotics and other relevant materials to be changed to the summary of evidence; and 1. A-B-D-B-B-D-D-D-D.

Application of Statutes

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (Selection of Imprisonment with prison labor for each limited term)

1. A person who has committed the most serious offense under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (a person who has committed the most serious offense).

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