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(영문) 부산지방법원 2015.10.16 2015노1756
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

6. Disposable dys, seized.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Article 1: 1 year of imprisonment and confiscation and collection, and 2: imprisonment with prison labor for 6 months and confiscation) declared by the court below is too unreasonable.

2. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is related to concurrent offenses 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. In this regard, the judgment of the court of first instance and the judgment of the court of second instance cannot be exempted from all reversal.

3. If so, the judgment of the court below is based on the grounds for ex officio reversal as seen above, without examining the defendant's assertion of unfair sentencing, all of the judgment below is reversed under Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the facts charged and the evidence added “the summary of evidence” in the second sentence of the judgment of the court of first instance to “the summary of evidence” as stated in the corresponding column of the judgment of the court below, except for adding “1. Prosecutor’s investigation report (report on imposition of additional charges) and monthly trend materials for narcotics.” As such,

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

Ba (hereinafter referred to as "Handphone")

(ii)the administration and possession of each vessel, and the choice of each imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [in the case of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. due to the medication of phiphonephones, which are the largest offense] among concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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