logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.17 2015노4526
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

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

One knife (No. 1) and flife, seized knife.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of one year and six months, confiscation and collection) is too unreasonable.

2. The prosecutor of the judgment ex officio requested the defendant to change "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the name of the crime in this case against the defendant as "special intimidation", and "Article 3 (1), 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" in the applicable law as "Articles 284 and 283 (1) of the Criminal Act", and "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the facts charged as "2. Special Intimidation." Since this court permitted this, the part concerning the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) should be reversed, since the crime in violation of the former part of the judgment below should be reversed, the remaining crime in violation of the former part of Article 37 of the Criminal Act should be punished.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it 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 judgment of the court below is as follows: "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the second half of the judgment of the court below as "2. Special Intimidation"; and the summary of the evidence "1. Prosecution investigation report (related to collection charges) and the monthly trend of narcotics" are the same as the corresponding column of the judgment of the court below, except for addition of "1. Prosecution investigation report (related to collection charges) and the data on narcotics monthly trend" in the same column. Thus, they are cited

Application of Statutes

1. Relevant legal provisions and selective narcotics for criminal facts;

arrow