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의정부지방법원 2015.12.04 2015노1833
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with labor for a period of eight months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Article 1: imprisonment with prison labor for one year, confiscation, and collection), Defendant A (six months of imprisonment with prison labor, confiscation, and collection), and the second instance court: six months of imprisonment with prison labor) are improper.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below was rendered to the Defendants, and the Defendants filed an appeal against them, and this court decided to hold concurrent hearings of each of the above appeals cases. Since each of the offenses against the Defendants in the judgment of the court below is concurrent crimes as provided by the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendants' grounds for appeal, and it is again decided 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. The Defendants: Articles 61(1)5, 4(1), and 2 subparag. 3 (d) of the Act on the Control of Narcotics, Etc.; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act; Article 347-2 of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Articles 30 of the Criminal Act; Articles 61(1)5, 4(1), and 2 subparag. 3 (d) of the same Act

1. Defendants of repeated crimes: Article 35 of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants: The main sentence of Article 67 of the Narcotics Control Act

1. The Defendants: the Narcotics Control Act.