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(영문) 대구지방법원 2018.05.25 2017노5628
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

A seizured one-time injection machine.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed on the accused (the first instance judgment: imprisonment of two years, confiscation, additional collection of 80,000 won, and the second instance: imprisonment of ten months, and additional collection of 10,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first, and second instances were examined and sentenced to each conviction against the defendant, and the defendant respectively filed an appeal, and the court decided to concurrently examine each of the above appeals cases.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Medication, purchase, and receipt and delivery of phiphones: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act;

(b) Larceny: Article 329 of the Criminal Act;

(c) An occupation of the same Article of private documents: Article 231 of the Criminal Act;

D. The occupation of exercising the above investigation document: Articles 234 and 231 of the Criminal Act

(e) An occupation of a lighting of librarians: Article 239(1) of the Criminal Act;

(f) The point of exercising the above investigation signature: Article 239(2) and (1) of the Criminal Act

(g) Use of another person's resident registration number unlawfully: Article 37 subparagraph 10 of the Resident Registration Act;

(h) The point of assault: Article 260 (1) of the Criminal Act;

(i) Unlicensed driving;

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