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(영문) 대구지방법원 2002.02.28 2001노4067
마약류관리에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

The judgment below

(2) Number of days of detention before being sentenced;

Reasons

Considering the sentencing conditions under Article 51 of the Criminal Act, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, since each sentence imposed by the court below against the Defendants is recognized to be somewhat inappropriate and all appeals by the defendants pointing this out are with merit.

Criminal facts

It is the same as the statement of each corresponding column at the time of original adjudication of the gist of evidence and evidence, and it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A and C: Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc.;

B. Defendant B: Articles 60(3) and 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 257(1) of the Criminal Act

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of repeated crimes (defendant A and C): Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes (the defendant A and B): The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the defendant A shall be limited within the extent of proviso of Article 42 of the Criminal Act with respect to the defendant A);

1. Calculation of days pending trial: Article 57 of the Criminal Act;

1. Collection: It shall be decided as per the disposition on the grounds above the proviso of Article 67 of the Narcotics Control Act; and

February 28, 2002

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