logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2012.11.15 2012노646
마약류관리에관한법률위반(향정)
Text

Party members 2012No646 of the lower judgment, guilty of the part of the lower judgment, 201No906 of the party members, 201No191 of the party members, and party members.

Reasons

1. Summary of grounds for appeal;

A. While recognizing the medication under paragraph (6) among the facts constituting the crime of Defendant A3’s judgment, the remaining facts of the crime are different from the facts.

The punishment sentenced by the lower court against Defendant A is too unreasonable.

B. As to the judgment of the court below of first instance on Defendant B, it is difficult to view that Defendant B arranged for the pre-sale of the pre-sale agreement.

As to the judgment of the court below of the second instance, the testimony of H lack credibility due to lack of consistency, and there is no other evidence to prove the criminal facts of Defendant B.

The punishment sentenced by the first and second judgment against Defendant B is too unreasonable.

2. Upon ex officio determination, the court below decided to hold the above appeal cases together with the court below's decision as follows: the first and second court's judgment as to Defendant A, and the first and second court's judgment as to Defendant B (However, the judgment of the court of first instance acquitted Defendant A). After the defendants filed an appeal against each judgment of the court below and the prosecutor filed an appeal against the judgment of the court of first instance.

However, as the offense recognized by the lower judgment against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, among the judgment of the court of first instance against the Defendants, the guilty portion and the judgment of the court of first instance, 2, 3, and 4 cannot be maintained any more in this respect.

Furthermore, the prosecutor filed an application for partial amendment to Bill of Indictment with respect to some criminal facts of the judgment of the court of the court of the third instance, and since this court permitted it, the judgment of the court of the court of the third instance can no longer be maintained in this respect.

However, the defendants' assertion of mistake on the above part is still subject to the judgment of this court.

arrow