(영문) 의정부지방법원 2013.05.16 2012노2487

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자간(%)

(영문) 의정부지방법원 2013.05.16 2012노2487

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1,292,00 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting the crime No. 4 and 5 of the decision of the court below in misunderstanding the facts, the court below found the defendant guilty in the absence of the fact that he received a penphone from H outside the public prosecution at the time, place, and administered it.

B. The sentence of the lower court’s sentence of unreasonable sentencing (one hundred months of imprisonment, additional collection of KRW 1,292,00) is too unreasonable.

2. Determination:

A. Before determining the Defendant’s grounds of appeal on the grounds of appeal ex officio, the lower court: (a) considered the Defendant as having led to a confession of all the facts charged in this case; and (b) decided and notified that the Defendant should make a trial by a simplified trial procedure; and (c) completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act; and (d) considered all the evidence presented pursuant to Article 318-3 of the same Act as admissible;

However, according to the records, although the defendant made a statement that recognized each of the facts charged in this case on the fourth trial date of the court below, he stated that he denied the part falling under the facts charged in the case No. 4 and No. 5 among the facts charged during the third trial of the court below prior to that, since this part of the facts charged cannot be deemed to have been led to a confession, this part of the facts charged is not subject to a judgment according to the simplified trial procedure, and for the same reason, the court below revoked the court below's order that the defendant decided to proceed to a simple trial procedure in accordance with Article 286-3 of the same Act. Thus, the court below erred in the misapprehension of legal principles as to the simplified trial procedure, or in the misapprehension of legal evidence

B. The defendant's assertion of misunderstanding of facts still exists despite the above reasons for ex officio reversal of facts.

참조조문

-형사소송법 제297조의2

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