logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.02.03 2015노1730
마약류관리에관한법률위반(향정)등
Text

The judgment below

The punishment of a fine for the crime No. 1, which is set forth in the judgment of the court below, and the amount from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The reasons for the prosecutor’s appeal: sentencing and light sentence (one million won of punishment, one year of imprisonment, and one additional collection of 3050,000 won) of the lower court are deemed to be too unjustifiable.

B. The grounds for appeal by the defendant: (1) There was no crime of No. 1 No. 2008 No. 2000, No. 2008, No. 2000, No. 2001, Jan. 1, 200

(2) The lower court’s sentence is too unreasonable.

2. Determination

A. Prior to the reasons for an ex officio appeal, we examine the reasoning of the lower court’s judgment regarding concurrent crimes as to the crimes No. 1 of the List of Offenses Act.

According to the records, the defendant's prior convictions of imprisonment without prison labor or heavier punishment are confirmed as follows.

First conviction: Imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); for a violation of two years; for a suspension of execution for a three-year period; for a second-year period; for a branch of the Gwangju District Court (established on February 26, 2009): imprisonment for the crime of injury, etc. (the occurrence of September 9, 201); for a period of eight months; for a suspended execution for a two-year period; for a period of two years; for a period of two years: Seoul Northern District Court Decision (determined on August 17, 2012); for a case where a crime for which a judgment has not yet been rendered could not be ruled simultaneously with a crime for which a final judgment has already become final and conclusive, the concurrent relation with a group after Article 37 of the Criminal Act cannot be established; and for a case where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act and the punishment may

Therefore, since the crime listed in No. 1 of the List of Crimes annexed to the court below (the occurrence of the crime of No. 2008 (the occurrence of the crime of No. 1 of the year 2008) occurred before the confirmation of the first crime, the judgment cannot be obtained concurrently with the crime of No. 2 of the previous crime which occurred after the confirmation, and therefore there is no relation of concurrent crimes between the crime of No. 2 of the

Therefore, with respect to the crimes No. 1 in the annual list of crimes attached to the court below, a sentence shall not be sentenced in consideration of equity in the case where a judgment is rendered concurrently with the crimes of two preceding crimes.

Nevertheless, the judgment of the court below is the concurrent crimes of Article 37 of the Criminal Code between the crimes set forth in No. 1 of the crime sight table and the second and the second crimes.

arrow