logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.01 2020노223
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

A seized son.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below (Article 1: 1 year, etc., and 2: 6 months, etc., of imprisonment) is too unreasonable.

B. The first instance court’s sentence (two months of imprisonment, etc.) imposed by the prosecutor is too unfluent and unfair.

2. This Court decided to hold ex officio judgments as a joint hearing of each appeal case of the judgment below.

Each crime of the judgment below against the defendant shall be sentenced in accordance with Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

All judgment of the court below shall no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 464(2) of the Criminal Procedure Act, without examining the argument of unfair sentencing by the defendant and the prosecutor, on the grounds of ex officio reversal as above. The judgment below is reversed in entirety, and it is again decided as follows

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts of the crime and summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. to commit the crime: Article 347 (1) of the Criminal Act;

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

1. Confiscation under Article 48 (1) of the Criminal Act, and the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the total purchase price for 3.2 million won = each 2.8 million won (the total purchase price for 2.5 million won) in total (the purchase price for 2.5 million won in highest 454 cases)];

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has a number of criminal records, and the crime of this case is committed several times.

arrow