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(영문) 수원지방법원 2013.11.07 2013노4280
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two months of imprisonment and additional collection) is too heavy (the Defendant) or is deemed unreasonable.

2. Ex officio determination of ex officio: (a) the Prosecutor applied for changes in indictment to the effect that “as of April 2012,” “as of the date of the crime under paragraph (5) of the previous facts charged,” “as of April 2013” was changed to “as of April 2013; and (b) this Court permitted this and changed to the subject of the judgment; and (c) thus, the lower judgment

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except for correcting “as of April 2013,” “as of April 5, 2012” under Article 369 of the Criminal Procedure Act as “as of April 5, 2013,” the facts constituting an offense in the lower court’s Article 369.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (3) and Article 61 (1) 5, and Article 4 (1) and subparagraph 3 (d) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of the purchase, delivery, or medication of psychotropic drugs), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances favorable to the reasons for reversal in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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