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(영문) 부산지방법원 2016.11.25 2016노3695
마약류관리에관한법률위반(향정)등
Text

The judgment below

The part concerning confiscation shall be reversed.

The seized 8.47g includes a penphone of the original 8.49g.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment, confiscation and collection) is too unreasonable.

2. The lower court, ex officio, deemed that one vinyl paper (No. 2) and one vinyl paper (No. 3) containing marijuana (No. 0.32g, 0.21g), which was discovered inside the Defendant’s wallet (No. 17 pages of evidence records) and seized 1.21g of marijuana, constituted a crime of violation of the Narcotics Control Act (the Act on the Control of Narcotics, etc.) by carrying marijuana, and deemed that each of the seized articles of this case was confiscated in accordance with the main sentence of Article 67 of the Narcotics Control Act.

However, the term "applicable law" and "applicable law" of the judgment below in the indictment of this case include only the applicable law to the portion of the crime of violation of the Act on the Control of Narcotics, etc. due to smoking in marijuana and the corresponding law to the crime of violation of the Act on the Control of Narcotics, etc., and the corresponding law to Article 61 (1) 4 (a) and Article 3 (10) 10 (a) of the Act on the Control of Narcotics, etc., and does not include the applicable law to the portion of the crime of violation of the Act on the Control of Narcotics, etc. due to the carrying of marijuana and the corresponding law to the crime of violation of the Act on the Control of Narcotics, etc., and the prosecutor ordered the part of the charge of this case to be confiscated as to the violation of the Act on the Control of Narcotics, etc. (Article 60 (1) 2 and 4 (1) 1 and 3 (b) of the Act on the Control of Narcotics, etc.) as stated in the judgment of the court below.

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