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(영문) 청주지방법원 2015.06.11 2015노104
산지관리법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized melting plants (marijus) approximately 7.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (two years of imprisonment, confiscation) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance (two years of suspended execution in August, and seven million won of fine) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. Accordingly, all of the judgment below shall be reversed.

3. According to the conclusion, without further proceeding to decide on the assertion of unfair sentencing by the defendant and the prosecutor, all of them are reversed under Article 364(2) of the Criminal Procedure Act, and the following is again decided through pleading.

[D] The summary of the facts of the crime and evidence admitted by the court in light of the summary of the facts of the crime and the summary of the evidence are added to the facts of the crime in the judgment of the court of first instance to the "criminal facts" which will be 4th th th th th th th th th th th th th th th th th th th th th th th th from the "criminal Records Act", and deleted to the "criminal facts" which will be 6th th th th th th th th th th th th th th th th from the "criminal records" which will be 4th th th th th th th th th th th th th th th th th th th th th th th below, and the summary of the evidence is 4th st th st th th th th th th th th m.

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