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(영문) 대전지방법원 2016.10.12 2016노1053
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 through 4, 6 through 11, 16.

Reasons

1. The summary of the grounds for appeal (e.g., a two-dimensional punishment) of the lower court (e.g., imprisonment with prison labor for three years, and imprisonment with prison labor for six months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant for an ex officio determination were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after hearing.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the Act on the Control of Narcotics, etc. (the point of psychotropic drug trade, the choice of imprisonment, the choice of imprisonment), Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) (the point of holding psychotropic drugs, the choice of imprisonment, the choice of imprisonment) of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime.

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