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(영문) 전주지방법원 2020.10.27 2020노644
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Nos. 3 through 10 of seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months and confiscation, and one year of imprisonment) of the lower court is too unreasonable.

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

Before determining the grounds for appeal by the defendant, this Court tried by combining two appeals cases appealed by the defendant, and the crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance decided in the judgment of the court of first instance which have been jointly tried at the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and the judgment of the court of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist. It is so decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to the corresponding column of each of the reasoning of the judgment below. Thus, they are cited in accordance with Article 369 of

Application of Statutes

1. Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the purchase, possession, giving, receiving, and administering of a penphone), 61 (1) 4 (a), and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Narcotics Control Act, Article 61 (1) 4 (b) and 3 subparagraph 10 (b) of the Narcotics Control Act, Article 61 (1) 4 (a), Article 3 subparagraph 10 (b) and (a), Article 61 (1) 6, Article 4 (1) 2, and Article 2 subparagraph 4 (a) of the Narcotics Control Act, Article 329 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 152 and Article 152 of the Road Traffic Act, and Article 61 (1) 4 (b) of the Act on the Control of Narcotics, etc.

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