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(영문) 창원지방법원 2013.11.21 2013노1682
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment and two hundred thousand won of collection) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Ex officio determination and prosecutor’s judgment on the grounds for appeal: (a) Article 3 of the Addenda to the Narcotics Control Act (excluding Article 68) amended by Act No. 10786 on June 7, 2011 and enforced on June 8, 2012 provides that “When penal provisions (excluding Article 68) apply to the acts before this Act enters into force, the previous provisions shall apply; and (b) Article 1 and paragraph (2) of the judgment of the court below apply the former Act on the Control of Narcotics (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) since the date and time of the crime are on May 21, 2012, since the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011) is erroneous in the application of the amended Narcotics Control Act.

However, since the first and second crimes of violation of the Act on the Control of Narcotics, etc. in the holding of the court below and the third crimes of violation of the Act on the Control of Narcotics, etc. in the holding of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and since a single sentence is sentenced, the judgment of the court below shall

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 1 of the Act on the Management of Narcotics, Etc. for which relevant criminal facts and punishment are selected;

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