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(영문) 서울고등법원 2016.03.10 2015노1240
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six years.

See sub-paragraphs 1 and 2(a) of seized evidence.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (No. 1: 5 years of imprisonment, and 2 years and 6 months of imprisonment) is too unreasonable.

2. The judgment of the court below in the first and second instances against the defendant in the judgment of ex officio, and the defendant filed an appeal against the above two cases, and the court decided to hold a joint hearing. The crime of the first and second judgment with the defendant in the first and second instances is one of the concurrent crimes under Article 37 of the Criminal Act, and thus, the judgment of the court below in the first and second instances cannot be maintained as it is, since it is related to the concurrent crimes under Article 38(1) of the Criminal Act.

3. According to the conclusion, the judgment of the court below Nos. 1 and 2 is reversed and all of them are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again decided as follows.

【The grounds for the judgment in other words] The facts constituting the crime and summary of the evidence recognized by the court in this court and the summary of the evidence are as follows: “1. Part of the Defendant’s testimony in court” in the “a summary of the evidence” of the first judgment; “1. H’s protocol of the police testimony in the court of the first instance”; “1.H’s protocol of the prosecution in the court of the prosecution in the 2nd judgment; “A copy of the protocol of the prosecution in the 1.D’s interrogation of the police in the 1.D’s interrogation of the suspect in the 1.D”; “1.D’s protocol of the police seizure” in the 5th judgment as “1.1.1.19, 2014,” “1. part of the Defendant’s testimony in the court of the court of the first instance” as “the Defendant’s testimony in the court of the court of the first instance”; and “1.6 through 16.16.6 of the judgment in the corresponding case of the court of the second judgment and the corresponding 2nd judgment.

Application of Statutes

1. Article 58 (1) 6, and Article 4 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense, and Articles 58 (1) 6 and 4 of the same Act.

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