logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.06.25 2019노482
마약류관리에관한법률위반(향정)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

6 copies of seized (unused) disposable divers.

Reasons

1. The summary of the grounds for appeal: The respective punishment (the first instance court: the imprisonment of two years, etc., and the second instance: the imprisonment of six months, etc.) imposed on the accused by the original court is too unreasonable.

2. The defendant's grounds for appeal are examined ex officio prior to the judgment.

The first and second original judgments were pronounced on the defendant, and the defendant filed an appeal against each of the above original judgments, and this court decided to consolidate the two appeals cases with each other.

In the first and second original judgment, each of the offenses found guilty against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

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

【Reasons for the Judgment in 201Da369 of the Criminal Procedure Act】 The Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 59(1)7, Article 3 subparag. 7 (the point of trade in marijuana), Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Narcotics Control Act (the point of receipt, delivery, possession, and separate medication, each choice of imprisonment), Article 60(1)2, and Article 4(1)3(b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)4 (a) and Article 30 of the Criminal Act, Article 61(1)4 of the Narcotics Control Act (the point of trade in marijuana), Article 60(1)2, and Article 61(1)3(b) of the Act on the Control of Narcotics, Etc.; Article 61(1)1, Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc.

arrow