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(영문) 부산지방법원 2014.11.13 2014노2771
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence shall be confiscated as provided for in subparagraphs 1 through 15.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The cash amount of KRW 2 million (No. 16) confiscated by the court below claiming misapprehension of the legal principles is money that the defendant had to seek studio, and is irrelevant to the crime of this case, and thus is not subject to confiscation.

B. The lower court’s punishment (one year and four months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. The main text of Article 67 of the Act on the Control of Narcotics, Etc., which states that "narcotics, temporary narcotics, facilities, equipment, funds, or means of transport provided for any crime as prescribed by this Act and profits therefrom shall be confiscated." The term "narcotics, facilities, etc. provided for any crime as prescribed by this Act" means narcotics, etc. provided for any crime as defined by the above Act, and "goods provided for or intended to be provided for any crime" under Article 48 (1) 1 of the Criminal Act also means the goods provided for any crime as defined by Article 48 (1) 1 of the Criminal Act, in light of the fact that the confiscation is sentenced to additional punishment against the defendant under a criminal trial against the facts charged, it shall be recognized that any goods provided for or intended to be provided

(See Supreme Court Decision 2007Do1034 Decided February 14, 2008, etc.). The lower court confiscated the evidence No. 16 (cash 2,00,000) confiscated from the Defendant, but the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the said money confiscated was in the hands room held by the Defendant at the time when the judicial police officer arrested the Defendant in flagrant offender at a restaurant on May 1, 2014. Each of the instant crimes was committed by each of the instant Defendants: (a) the Defendant delivered, administered, possessed, smoke and possessed marijuana without compensation; and (b) it is difficult to find relevance between each of the instant crimes and the said cash.

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