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(영문) 대전지방법원 2017.01.26 2016노2014
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

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

1,900,000 won from the defendant.

Reasons

1. The summary of the reasons for appeal (unfair sentencing): The sentencing of each court below (the first instance court: imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a year and two months, and collection for a period of three months and additional collection) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 reason for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. is that the Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime, and that the amount of the crypters sold and issued by the Defendant is not considerable.

However, considering the fact that the defendant is against the defendant as favorable circumstances, the punishment shall be determined as ordered in consideration of the defendant's age, environment, the background and details of the crime in this case, and the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.

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