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대구지방법원 2014.01.15 2013노3567

The judgment of the court below is reversed.

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


1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. In the case of the Defendant, the Defendant was sentenced to a suspended sentence of six months for free receipt of phiphonephones and one-time medication, and was sentenced to a suspended sentence of six months for which the judgment became final and conclusive, and the Defendant’s liability for the crime of this case is not significant. However, considering that the Defendant’s confessions and reflects the crime of this case, and the crime of this case constitutes two times of simple medication of phiphones, the Defendant is only the same power except for the power of being sentenced to a fine of 200,000 won for the crime of violation of the Road Traffic Act around 1999 in the case of the Defendant. When the sentence of this case becomes final and conclusive, the sentence of the suspended sentence can be invalidated, and the Defendant’s somewhat harsh results may be accompanied by the said sentence of the suspended sentence. In view of the above, it is unreasonable

3. If so, the defendant's appeal is reasonable, and therefore, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

1. It shall be decided as above on the grounds of the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (aggravating) around September 2013, 201;