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(영문) 대구지방법원 2017.03.31 2016노5124
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The charge of violation of the Act on the Control of Narcotics, Etc. due to the possession and waterway of the Mept amba (one philopon; hereinafter “philopon”), among the facts charged in the instant case, the Defendant knew of the fact that he was given and received a drug from “K”, and that he was given and received it to B, but he did not recognize that he was a amblopon, and even though he did not know that it was a amblopon, the Defendant erred in the judgment of the court below which found the Defendant guilty of this part of the charges, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of imprisonment and a fine of five million won) is too unreasonable.

2. According to the records of this case ex officio before determining the grounds for appeal by the defendant's ex officio, the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and served a trial in the absence of the defendant, and thereby sentenced to one year of imprisonment and a fine of five million won. The defendant alleged that he/she was unable to receive a copy, etc. of the indictment in filing a petition for recovery of his/her right to appeal and was unaware of the fact that the judgment was pronounced, and the fact that the decision to recover the right to appeal was made on the ground that the defendant

If so, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under the Special Act on the Promotion of Litigation, etc.

Since the judgment of the court below is recognized, it can no longer be maintained.

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