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(영문) 서울고등법원 (춘천) 2014.11.10 2014노177
특정범죄가중처벌등에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

approximately 27.6g (Evidence No. 1) shall be confiscated.

Reasons

1. Progress of litigation;

A. The lower court convicted the Defendant of all the charges of this case including the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and sentenced the Defendant to a confiscation of approximately 6 years imprisonment and approximately 27.6g (No. 1) seized penphones.

B. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant appealed from the lower judgment on the ground of erroneous determination of facts and unreasonable sentencing as stated in paragraph (2). The lower court rejected all the Defendant’s assertion and dismissed the appeal.

C. As to the judgment of the party before remanding, the Defendant filed a final appeal on the grounds of misunderstanding of facts as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and misunderstanding of legal principles. The Supreme Court rejected all of the Defendant’s assertion, but the provision applicable to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. is reversed ex officio on the grounds that the provision applicable to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes has lost its validity pursuant to the Constitutional Court Order 201Hun-Ba2 Decided April 24, 2014. However, the entire judgment of the party before remanding

2. Summary of grounds for appeal;

A. The court below found the Defendant guilty of this part of the facts charged by misunderstanding the fact, even though the Defendant did not import philophones.

B. The sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. Article 58(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Etc. (Article 11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 58(1)6, 4(1), and 2 subparag. 3(b) of the Act on the Aggravated Punishment, etc. of Specific Crimes, shall be amended to include “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” among the applicable provisions of the Act on the Aggravated Punishment, etc. of Narcotics.

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