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(영문) 수원지방법원 2016.02.16 2015노6205
마약류관리에관한법률위반(향정)등
Text

Of the judgment of the first instance court, the part on the defendant A and C and the judgment of the second instance judgment shall be reversed.

Defendant

A shall be punished by imprisonment with labor for one year;

Reasons

Each of the original decisions (the first instance judgment: 1 year and two months of imprisonment for Defendant A; 103,00 won of confiscation; 10 months of confiscation; 103,00 won of confiscation; 10 months of imprisonment for Defendant B; 10 months of confiscation; 103,00 won of confiscation; 110,000 won of collection; 2 months of imprisonment for Defendant C; 4 months of imprisonment for Defendant C) is too unreasonable.

Judgment

A. According to the evidence duly adopted and examined by this court prior to the judgment on the grounds for appeal by the defendant A, prior to the judgment on the above defendant's ex officio, the defendant A was sentenced to six months of imprisonment and additional collection of 200,000 won on December 10, 2015, and the above judgment became final and conclusive on December 18, 2015. However, since each of the crimes and the violation of the Narcotics Control Act, which became final and conclusive in the judgment of the court below against the defendant, are in a concurrent crime under Article 37 of the Criminal Act, and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive in the judgment of the court below, should be sentenced to punishment for each of the above crimes under Article 39 (1) of the Criminal Act by taking into account equity with the case where the judgment is to be rendered at the same time, the court below erred in the misapprehension of legal principles as to the concurrent crimes after Article 37 of the Criminal Act and affected the conclusion of the judgment.

B. We examine the defendant C's ex officio decision on the grounds for appeal by the above defendant.

The Court decided to consolidate each appeal case against the original judgment.

Therefore, since each of the above decisions of the court below against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one of the above crimes must be sentenced in accordance with Article 38 of the Criminal Act if the two are consolidated and judged simultaneously.

Therefore, among the judgment of the court below, the above part of the judgment against the defendant cannot be maintained as it is.

(c)

Defendant

The judgment on B is favorable, such as the confession and reflection of the above defendant.

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