logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.07.17 2014노4272
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

There is an initial 0.15 l.m. of seized transparent amount.

Reasons

1. Summary of grounds for appeal;

A. The respective punishments (Article 1: 4.1 year and 4 months, confiscation and additional collection, and imprisonment of one year and 6 months, and additional collection) that the court below sentenced to each of the defendants (as against the court below 1 and 2) are unfair because they are too unreasonable.

B. The sentence imposed by the first instance court on the Defendant (as to the first instance court) is too unfluent 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 and evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court of first instance, except for adding "1. Report of Investigation by the Prosecutor's Office (Report on Collection of Additional Imposition Charges) and Monthly Trends of Narcotics," and "the summary of evidence" of the judgment of the court of second instance to "the summary of evidence" as stated in each corresponding column of the judgment of the court of second instance, except for adding "1. Investigation Report by the Prosecutor's Office (Report on Inspection and Calculation of Additional Collection Charges) and "the monthly trend of narcotics, etc.". Thus, it is cited

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

Ba (hereinafter referred to as "Handphone")

(i)the receipt, each medication, and possession of each material)

1. Aggravation for repeated crimes;

arrow