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(영문) 수원지방법원 2016.12.23 2016노5283
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The seized right of 10,00 won shall be increased by 21 copies.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment of 2 years, confiscation, 303,00 won, and the second instance court: imprisonment of 6 months, 203,00 won) is too unreasonable.

2. We examine ex officio the judgment of the court below, and the defendant filed each appeal against the above judgment of the court below and decided to consolidate the above appeal cases. Each of the offenses of the court below Nos. 1 and 2 against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts (the fact of selling, administering, possessing, and receiving and receiving a scoponoponon, November 23, 2015) and Articles 60(1)3, 4(1), and 2 subparag. 4(b) (the fact of receiving and receiving a scoponon on Nov. 18, 201) of the former Narcotics Control Act (Amended by Act No. 10786, Jun. 7, 201); Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act; Articles 61(1)4 and 31(1)4 (b) of the Act on the Control of Narcotics, Etc.; Article 61(1)4 and 3(b) of the Act on the Control of Narcotics, Etc.; Article 61(10(b) of marijuana.

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