logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.08.29 2014노463
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, the community service order and the collection of 100,000 won) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the record reveals that, on June 13, 2014, the Defendant was sentenced to three years of imprisonment by the Daegu District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on June 19, 2013. The instant crime and the said violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., of which the judgment became final and conclusive, are concurrent crimes under Article 39(1) of the Criminal Act in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and after considering equity and considering whether to reduce or exempt the sentence, the lower court

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment of the court below, except that "the defendant was sentenced to three years by imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Daegu District Court on June 13, 2014, the judgment became final and conclusive on June 19, 2013," and "1. Criminal records: a copy of the judgment of the court (2014Gohap186), and the detailed meeting of the case," respectively, shall be cited in the corresponding column of the judgment of the court below. Thus, all of them shall be cited in accordance with Article 369 of the

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Crimes and the Selection of Punishment, respectively, and imprisonment with prison labor;

arrow