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(영문) 광주지방법원 2014.12.04 2014노2267
마약류관리에관한법률위반(향정)
Text

The judgment below

Of the judgment of the court below, the part concerning the second crime is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than six months.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: imprisonment with prison labor for four months, suspended execution for one year, additional collection for one year, and second crime in the original judgment: imprisonment with prison labor for ten months and additional collection) is too unreasonable.

2. Determination

A. The part of the crime of Article 1 of the decision of the court below that recognized the crime of this case, that the amount of the penphone administered by the defendant is only 0.03 g (one time) and that the amount of the penphone administered by the defendant is only 0.03 g (the frequency of medication), that the former husband appears to have been administered contingently upon the discovery of the penphone at the location of clothes, and that there is a violation of the Act on the Control of Narcotics, etc. (fence) and the latter concurrent crimes of Article 37 of the Criminal Act as stated in the decision of the court below, and that the same should be judged simultaneously, or that the case of this case should be considered at the same time in relation to the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the latter concurrent crimes of Article 37 of the Criminal Act, as long as long as there is no special circumstance or change in circumstances that are favorable to the defendant after the decision of the court below was made, this part of the judgment below is not justified.

B. The crime of this case was committed without being aware of the fact that the defendant was under suspension of the execution of the crime of violation of the Act on the Control of Narcotics, etc., in the judgment of the court below, although the defendant was under suspension of the execution of the crime of this case. However, the defendant recognized the crime of this case, the fact that the former husband's her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's degree

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