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(영문) 울산지방법원 2015.12.04 2015노836
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (one year and six months of imprisonment, confiscation, defendant A: imprisonment with prison labor for one year and six months, additional collection (the court below's judgment), imprisonment with prison labor for three months (the court below's judgment 2), defendant G: imprisonment with prison labor for one year and six months, and additional collection) is improper.

2. Determination

A. On July 8, 2015, the lower court sentenced Defendant A to the judgment after completing a separate hearing on each of the following grounds: (a) Defendant A filed an appeal against each of the lower judgment; (b) Defendant A filed an appeal against each of the aforementioned two appeals cases; and (c) the lower court rendered a decision to jointly deliberate on each of the aforementioned two appeals cases.

However, on December 18, 2014, Defendant A was sentenced to imprisonment of one year and six months for a violation of the Act on the Control of Narcotics, etc. at Busan District Court, and three years for a suspended sentence, and the above judgment becomes final and conclusive on December 27, 2014. The crime of the lower judgment and the crime of the violation of the Act on the Control of Narcotics, etc. (fence) in each of the above judgments, which became final and conclusive, are concurrent crimes under the latter part of Article 37, and the order of the facts constituting the crime of the first and second lower judgment is divided into two, so it is necessary to reverse each lower judgment on the grounds of consolidation and determine the grounds for

(1) On December 18, 2014, Defendant A had been sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution on December 27, 2014, for the following reasons: (a) although Defendant A attempted to arrange the trade of phiphones; (b) attempted to administer a part of phiphones once; and (c) narcotics-related crimes are highly likely to cause severe social harm due to the toxicity of narcotics, etc. and harm to the health and social safety of the people; and (d) Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on December 18, 2014 and for three years of suspended execution on December 27, 2014.

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