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(영문) 서울고등법원 2013.12.13 2013노2808
변호사법위반등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 8, 9, 10, 10 of the evidence seized by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of each of the judgment below ( Imprisonment for three months and additional collection of 500,000 won, imprisonment for two years and additional collection of 2,00,000 won) is too unreasonable.

Judgment

Before determining the grounds for appeal by the Defendant, each of the offenses of the judgment below shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot escape from all of its reversal.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is made after pleadings, since the above reasons for ex officio reversal exist.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11(1) of the Attorney-at-Law Act applicable to facts constituting the crime and Article 111(1) of the Attorney-at-Law Act selected to impose imprisonment (or, in relation to the violation of the Attorney-at-Law Act), Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (or, in relation to the sale, purchase, medication, and possession of philopon), Article 60(3), Article 60(1)2, and Article 4(1)2, and Article 2 subparag. 3(b) of the Narcotics Control Act

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Additional collection of violation of the Attorney-at-Law Act: Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.; and

1. Type of recommendation-type transaction of writtenphones according to the sentencing criteria: Narcotics, trade or arrangement, etc., and persons with special types of punishment of Type 2: Not more than three years;

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