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(영문) 수원지방법원 2018.08.31 2017노2908
마약류관리에관한법률위반(향정)
Text

Of the judgment of the court of first instance, the part concerning Defendant B and Defendant B among the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment of the second instance court [Defendant N: Imprisonment with prison labor of one year and six months, Defendant B: Imprisonment with prison labor of six months (the first half of the second half of the 2017 order 7237 order), imprisonment with prison labor of one year (the second half of the 2017 order 7237 order)] is too unreasonable.

B. The 2nd punishment of the lower court against the Defendants by the prosecutor and the 2nd punishment of the lower court against Defendant B (ten months of imprisonment and two years of suspended execution) are deemed to be too uneasible and unfair.

2. Ex officio judgment [Defendant B]

A. We examine the reasons for appeal against the defendant B and prosecutor B ex officio prior to the judgment on the grounds for appeal.

B. As to the first instance judgment against Defendant B, the Prosecutor and the Prosecutor respectively filed an appeal against the second instance judgment, and as to the second instance judgment, this court decided to jointly examine the appeal against the first instance judgment [2017No. 2908] and the second instance judgment [2018No. 2811].

However, among the crimes listed in the judgment of the court below of the first instance against Defendant B and the crimes listed in subparagraph 2-A of Article 2 of the "2017 Highest 7237 Highest 7237" among the crimes listed in the judgment of the court of the second instance, each of the crimes listed in the former part of Article 37 of the Criminal Act shall be sentenced to one punishment within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant B and the part of the judgment of the court of the court of the second instance against Defendant B among the judgment of the court of the court of the first instance, the crime listed in subparagraph 2-A of the "2017 Highest 7237 Highest 7, and the part of the crime

(c)

According to the records, Defendant B was sentenced to a suspended sentence of two years on July 13, 2017 to imprisonment with prison labor for the attempted crimes, etc. at the Seoul Central District Court on July 13, 2017, and the said judgment became final and conclusive on the 21st day of the same month. As such, Defendant B’s crime and the attempted crimes to commit the said attempted crimes, etc., for which the judgment of the lower court became final and conclusive, are in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, and the punishment is to be mitigated or exempted in consideration of equity with the case where the judgment

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