logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.08.13 2020노358
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seized evidence shall be from 5 to 10, 13 to .

Reasons

1. The first instance court’s judgment found the Defendant guilty of all the facts charged and sentenced to imprisonment for 10 months, and the Defendant appealed on the ground of unfair sentencing.

The judgment of the court below of the second instance found the defendant guilty of all the facts charged and sentenced to imprisonment for two months, and both the defendant and the prosecutor appealed on the ground of unfair sentencing.

Before remanding, the court of appeal reversed all the judgment of the court below on the grounds of a consolidation in the appellate court, and sentenced the defendant to a punishment for ten months.

The prosecutor did not appeal against this, and only the defendant appealed on the ground that "the original court erred by misapprehending the legal principles on the rules of reinforcement of confession."

The Supreme Court held that there is no error in the judgment of the court below as to the defendant's grounds of appeal. However, the court below reversed and remanded the case ex officio on the ground that "the court below erred by violating Article 383 subparagraph 1 of the Criminal Procedure Act, since all of the judgment of the court of first instance was reversed ex officio and the judgment of the court of first instance was pronounced guilty as to the whole of the facts charged of this case, and it only stated only the applicable provisions of the law and omitted all of the summary of facts and evidence."

2. Summary of grounds for appeal;

A. The punishment sentenced by Defendant 1 and the second instance court (the first instance court: imprisonment of 10 months, confiscation, additional collection of 406,00 won, and the second instance court: imprisonment of 2 months, additional collection of 300,000 won) is too unreasonable.

B. The punishment sentenced by the second instance court (the second instance court: imprisonment with prison labor for two months, additional collection of KRW 300,000) is too unhued and unreasonable.

3. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The judgment of the court below in the first and second instances against the defendant was rendered, and the defendant filed each appeal against them, and this court concurrently held the appeal against the judgment of the court below in the first and second instances.

arrow