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(영문) 서울고등법원 2018.08.23 2018노1134
마약류관리에관한법률위반(마약)등
Text

The part concerning Defendant A among the judgment of the court below Nos. 1 and 2 and the judgment of the court below No. 3 shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (one year of imprisonment with prison labor of the first and two years of imprisonment with prison labor of the third court) imposed on the Defendant by the first and third court judgments of the first instance court is too unreasonable.

B. The punishment sentenced to Defendant Q Q Q No. 1 and the second instance judgment (the imprisonment of the first instance judgment, the imprisonment of six months, and the imprisonment of the second instance judgment) is too unreasonable.

(c)

Defendant

B Sentence 1 sentenced to the defendant(4 months of imprisonment) is too unreasonable.

(d)

The above-mentioned sentence that the second instance judgment of the prosecutor (as to Defendant Q) was applied to the defendant is unfair because it is too unhued.

2. We examine ex officio the grounds for appeal by the Defendants and the grounds for appeal by the Prosecutor against Defendant A Q.

A. The judgment of the court below against Defendant A was rendered in relation to the consolidated trial (defendant A and Q) and the judgment of the court below against Defendant A, and the judgment of the court below against Defendant A and Q, and each of the above Defendants appealed against them, and the court decided to hold the aforementioned appeals together with other appeals cases.

However, each of the crimes in the first and third judgment against Defendant A, and the crimes in the first and second judgment against Defendant Q, are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the first and second judgment against Defendant A is concurrent crimes under Article 38(1) of the Criminal Act. As such, each of the above Defendants should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court below against Defendant A and Q, and the part of the judgment of the court below against Defendant A among the judgment of the court below

B. Regarding concurrent crimes (Defendant B) (1), the term “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive” constitutes concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration of equity and the same.

2) The first instance court and the first instance court were duly adopted and examined.

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