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(영문) 서울서부지방법원 2015.05.01 2015노412
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the records, the defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court on July 3, 2014, which was after the crime of this case was committed by the defendant, and the judgment became final and conclusive on March 3, 2015. Thus, since the crime of this case in which the judgment of the court below became final and conclusive concurrently with the crime of this case in which the latter part of Article 37 of the Criminal Act was concurrent crimes under Article 39(1) of the Criminal Act, punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the crime of this case and the above crime for which the judgment of the court below became final and conclusive pursuant to Article

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

Criminal facts

The summary of the facts charged by the court against the defendant and the summary of the evidence are as follows: "The defendant was sentenced by the Seoul Central District Court on February 21, 2013 to imprisonment of one year and two months for the violation of the Act on the Control of Narcotics, Etc., and the execution of the sentence was completed at the port prison on October 27, 2013," and "the defendant was sentenced to imprisonment of eight months for the violation of the Act on the Control of Narcotics, etc., at the Suwon District Court on July 3, 2014, and the execution of the sentence was completed on August 14, 2014 at the Suwon District Court on August 14, 2014. The above judgment became final and conclusive on March 3, 2015.

With the exception of adding "the original judgment," it is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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