(영문) 부산지방법원 2016.04.15 2015노4524 | 리걸엔진

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(영문) 부산지방법원 2016.04.15 2015노4524

마약류관리에관한법률위반(향정)

Text

The judgment below

The guilty portion (the portion remanded to this court by the judgment of remand) shall be reversed.

In this case.

Reasons

1. Progress of lawsuit and the scope of trial of this court;

A. A. The prosecutor brought a public prosecution against the Defendant for violation of the Act on the Control of Narcotics, Etc. due to the administration of cathos (hereinafter “cathos”) between June 8, 2011 and June 29, 2011 (hereinafter “cathos”), from around May 11, 201 to May 15, 201, against the Defendant for violation of the Act on the Control of Narcotics, Etc. due to the administration of cathos (hereinafter “not guilty portion”) (hereinafter “guilty portion”) by the Busan District Court Decision 9752, J. 2014 and J. 9753 (Joint).

2) The lower court acquitted the part of the lower judgment not guilty and convicted the part of the lower judgment, and the Defendant appealed each of the grounds that the lower court erred by misapprehending the facts as to the convicted part of the lower judgment, misapprehending the legal doctrine, and making an unfair judgment on the grounds that the lower court erred by misapprehending the facts about

3) Prior to remand, the appellate court rendered a judgment that the defendant and the prosecutor’s appeal was dismissed in entirety on the grounds that the appeal was without merit, and the defendant, as to the guilty portion of the lower judgment, the prosecutor rendered each appeal against the acquittal portion of the lower court.

4) The court of final appeal rendered a judgment on the guilty portion on the ground that there were errors by misapprehending the legal principles on the admissibility and probative value of evidence or by misapprehending the legal principles, or by affecting the conclusion of the judgment, and remanded to this court. The prosecutor’s appeal on the acquittal portion is dismissed as it is without merit.

B. The scope of the judgment below's acquittal portion of the court below's acquittal portion is separate and finalized as the prosecutor's appeal against it is dismissed, so the scope of the judgment of this court, which is the first instance court after the return, is limited to the conviction portion

2. Summary of grounds for appeal;

A. Defendant 1) The lower court’s conviction and misapprehension of the legal doctrine does not specify the facts charged, and the prosecution procedure is instituted.

참조조문

-마약류 관리에 관한 법률

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