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(영문) 서울중앙지방법원 2013.04.25 2013노218
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

A seizured one-time injection machine.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and additional collection for 1.9 million won, and 2.0 million won for imprisonment with prison labor for 8 months and 1.9 million won, and 8 months and confiscation and additional collection for 200,000 won) that the court below sentenced to the defendant is

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The provision, purchase, and medication of philopon between the end of May 201 and October 7, 2011 of the judgment on the choice of a punishment: The provision, purchase, and medication of philopon on the crime: Each of Articles 60(1)3 and 4(1), and subparagraph 4(b) of Article 2 of the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) (amended by Act No. 10786, Sept. 7, 2012) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply)

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

1. The reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection are the same.

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