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(영문) 제주지방법원 2017.12.14 2017노496
마약류관리에관한법률위반(대마)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

3,000 won shall be additionally collected from the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of four months and the additional collection) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On August 17, 2017, the Defendant was sentenced to imprisonment of one year and four months with prison labor for a violation of the Narcotics Control Act at the Jeju District Court on August 17, 2017, and on August 25, 2017, the above judgment became final and conclusive on August 25, 2017. Since each crime and the above violation of the Narcotics Control Act, which became final and conclusive in the judgment of the lower court against the Defendant, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, the Defendant shall be sentenced to punishment in consideration of equity with the case where the judgment is concurrently rendered pursuant to the proviso of Article 39(1) of the Criminal Act, the judgment of the lower court

3. In conclusion, the judgment of the court below is 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 reversed and it is again decided as follows.

【Grounds for another judgment 【The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Jung-gu District Court Goyang Branch on March 6, 2015 and completed the execution of the sentence in the Cheongju Prison on November 6, 2015.

“The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Goyang branch of the Jung-gu District Court on March 6, 2015, and completed the execution of the sentence in the Cheongju prison on November 6, 2015. On August 17, 2017, the Jeju District Court was sentenced to one year and four months of imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Jeju District Court on August 25, 2017, and became final and conclusive on August 25, 2017.

Except as otherwise expressly stated in the "Prior Records of Judgment" and the summary of the evidence, the phrase "before this Court" is added to the corresponding column of the judgment of the court below.

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