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(영문) 울산지방법원 2020.09.18 2020노280
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

Defendant 1-A, (b), and (2) of the judgment of the court of first instance.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (the court below's judgment of 1: 4 months of imprisonment with prison labor for each crime referred to in paragraphs (1) and (2) of the judgment of 1; 1 year and 6 months of imprisonment with prison labor for each crime referred to in paragraphs (1) and (2) of the judgment of 1: 2 months of imprisonment with prison labor for each crime referred to in paragraph (1) of the judgment of 1.

We examine ex officio the grounds for appeal by the defendant prior to judgment on authority.

The judgment of the court below against the defendant was sentenced to the first and second cases, and the defendant appealed on the grounds of unfair sentencing, and the above two cases were decided to be consolidated and tried by this court.

However, among the crimes recognized by the court of original judgment against the defendant, the crimes of paragraphs (a) and (b) and paragraph (1) of the judgment of the court of original judgment in the judgment of the court of first instance, and the crimes of paragraphs (3) and (2) of the judgment of the court of first instance in the judgment of the court of second instance and those of paragraph (2) in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and each sentence should be imposed under Article 38(1) of the Criminal Act

In conclusion, 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 of the defendant, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of each judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the trade of philophones, giving and receiving them, and administering them), and selection of imprisonment with prison labor, respectively;

1. The Criminal Act dealing with concurrent crimes;

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