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(영문) 부산지방법원 2015.06.19 2015노129
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Article 1: 10 months of imprisonment and collection, and 2 months of imprisonment) imposed by the court below on the defendant (as to the court below's first and second trials), is unfair because all of the defendants (as to the court below's first and second trials), are too unreasonable.

B. The sentence imposed by the second instance court on the Defendant (as to the second instance judgment) is too unfasible and unfair.

2. Each of the appeals cases against the judgment of the court of first instance and the judgment of the court of second instance decided to concurrently examine the appeal cases against the judgment of the court of second instance, and on the other hand, each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court of second instance

3. If so, the judgment of the court below is based on the above grounds for reversal of authority. Thus, without examining all of the arguments of unfair sentencing by the defendant and the prosecutor, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as stated in each corresponding column of each judgment of the court below, except for adding "1. Investigation Report of the Prosecutor's Office (Report on Collection of Additional Charges) and "the monthly trend of narcotics" to "the summary of evidence" of the judgment of the court of first instance, and therefore, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning criminal facts and the Selection of Punishment;

Ba (hereinafter referred to as "Handphone")

Article 355(1) of the Criminal Act (the point of medication, the choice of imprisonment).

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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