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(영문) 제주지방법원 2017.05.11 2017노14
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than nine months.

50,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the punishment of 9 months in prison, 50,000 won in collection) is too unreasonable.

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

Article 19(1)1 of the Act on the Punishment, etc. of Acts and subordinate statutes concerning brokerage, etc. of sexual traffic (the brokerage, etc. of sexual traffic) among the facts constituting the crime in the judgment below, is applicable. However, the court below erred by applying Article 19(2)1 of the Act on the Punishment, etc. of Acts and subordinate statutes to the above facts constituting the crime. The court below erred by applying Article 19(2)1 of the Act on the Punishment, etc. of Acts and subordinate statutes, and the facts charged with the remaining conviction are concurrent crimes under the former part of Article 37 of the Criminal Act.

Since a single sentence was sentenced, the entire judgment of the court below was no longer maintained.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 19 (1) 1 of the Act on the Punishment of Acts, Including Purchase of Handphones and Medications), and Article 19 (1) 3 of the Act on the Mediation of Commercial Sex Acts, Etc., and Selection of Imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reason for sentencing under Article 67 of the Act on the Control of Narcotics, Etc. lies in the defendant's attitude to recognize and reflect all of the crimes of this case.

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