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(영문) 부산지방법원 2015.03.26 2014노4713
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Disposable dynasium, seized.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the original court (No. 1 year of imprisonment: 1 year of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of the administration of phiphones) of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of possession of phiphones) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The fact that the defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (based on the market price of 100,000 won for a single medication on a board) has led to the crime of this case under favorable circumstances, three times for the defendant to commit the same kind of crime.

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