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(영문) 서울서부지방법원 2016.09.29 2016노437
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

For the first time containing a seized red body.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a punishment of imprisonment with prison labor for one year, confiscation and collection) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

The prosecutor applied for changes in the indictment in exchange for part of the facts charged at the trial court, and the subject of the trial by this court's permission, so the judgment of the court below cannot be maintained any more.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's improper assertion of sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except for the facts charged in the judgment below as shown below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

1. From November 2015 to December 12, 2015, the Defendant received philophones from a person who was unable to use his/her name and received philophones from a person who was unable to use his/her name, at the passenger room located in the Daegu Lane-gu Yellowdong around 00:0.

The application of the statute

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts (the receipt of phiphones, medication, and possession of phiphones), and selection of imprisonment with prison labor;

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

1. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, which recognized all of his criminal acts, and does not repeat again.

The defendant is a mother and son.

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