logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.22 2017노1709
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

30,000 won shall be collected from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence imposed by the lower court (one year of imprisonment and two hundred thousand won of additional collection) is too unreasonable.

2. Before determining the reasons for ex officio appeal, the record reveals that the Defendant was sentenced to two years of imprisonment with prison labor on February 14, 2017 by the Busan District Court for the crime of injury, etc., and the judgment became final and conclusive on July 27, 2017. As above, the crime of injury, etc., for which judgment became final and conclusive, and the crime of injury, etc. and the crime of the judgment below in the judgment below, are in a concurrent relationship with a group after Article 37 of the Criminal Act, and are determined by taking account of equity with a case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment

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

【Re-written judgment of the court below] The criminal facts acknowledged by this court and the summary of the evidence are criminal facts and the summary of the evidence. The judgment of the court below became final and conclusive on July 27, 2017, when the defendant was sentenced to two years of imprisonment with prison labor for an injury, etc. at the Busan District Court on February 14, 2017.

“A previous conviction in the judgment of the court below” is added to “1. In addition, except for the addition of “1. Before the judgment: Busan District Court 2016 High Court 4061, 2016 High Court 6687 High Court 687 High Court 2016 High Court 8158 High Court 8158 High Court 2016 High Court 2016 High Court 2017 High Court 2017 High Court 2020, Supreme Court 2017Do8669 Decided”) as stated in each corresponding column of the judgment of the court below, which is the same as stated in each corresponding column of the criminal litigation

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

arrow