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(영문) 부산지방법원 2017.03.17 2016노3446
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Disposable dys (2.3g) seized.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for one year, confiscation and collection, and imprisonment with prison labor for two years) imposed by the original court is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abscam, a punishment by imprisonment), Article 319(1) (a) of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) (a) (ab) of the Narcotics Control Act, and each of the imprisonment options), Article 60(3) and (1)2, Article 4(1)2, and Article 4(1)3(b) (a) (ab) of the Narcotics Control Act, Article 60(3) of the Act on the Control of Narcotics, Etc., Article 60(3) and (1)2, Article 4(1)1, and Article 2 subparag. 3(b) (a) (ab) of the same Act for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area of larceny and intrusion upon residence in the holding [the scope of the recommended punishment] No. 4 types of larceny (Intrusion larceny) for general property (one year to two years).

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