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(영문) 춘천지방법원 2016.08.18 2016노396
마약류관리에관한법률위반(향정)등
Text

The judgment below

Of them, the part on Defendant W shall be reversed.

Defendant

W shall be punished by imprisonment for four months.

Defendant

W. from W.

Reasons

1. Summary of grounds for appeal;

A. Defendant N1) misunderstanding the legal doctrine, the Defendant received the prosecutor’s disposition of non-prosecution on June 29, 2015 regarding the instant case from the Chuncheon District Public Prosecutor’s Office 2015 penal code 5396, and on the same day, the prosecution is deemed to have been instituted on the same offense, and all of the convictions are illegal against the principle of non-existence.

2) The sentence of the lower court (an additional collection of KRW 10,781,40,00), which is unfair in sentencing, is too unreasonable.

B. Defendant W (unfair sentencing)’s punishment (an additional collection of KRW 6 months and KRW 1.5 million) by the lower court is too unreasonable.

2. Determination

A. We examine the argument of misunderstanding the legal principles of Defendant N, and the principle of non-prosecution, which is not subject to repeated punishment for the same crime. Thus, the principle of non-prosecution does not apply to the prosecutor's non-prosecution disposition (According to the records of this case, the Defendant does not have any suspicion of non-prosecution disposition as to the above part of the facts charged under the judgment of the court below as stated in the crime No. 2015 Highest 635, Dec. 2, 2014, which was stated in the judgment of the court below as to the crime No. 635, Dec. 19, 2014; the Defendant purchased AJ 0,000 won and purchased BJ 10,000 won from AJ; the Defendant did not have any suspicion of non-prosecution disposition as to the above part of the facts charged against the Defendant's non-prosecution disposition as to the violation of the Act No. 201536, Jun. 29, 2015.

B. We examine the judgment of Defendant N’s unfair argument of sentencing, and the Defendant against BP.

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