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(영문) 부산지방법원 2017.03.31 2016노4972
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

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

60,000 won from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor and collection for one year, and imprisonment with prison labor for four months and collection for additional collection) imposed by the original court is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, 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 argument of sentencing, and the judgment below is reversed in entirety, and the following is decided through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Crimes, and Article 60 of the Act on the Management of Narcotics, Etc. for the Selection of Punishment (the receipt of Handphones, the selection of each imprisonment), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the receipt of phiphones, the selection of each imprisonment sentence);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of the amount of additional collection: 100,000 won in the value of 0.03g g of oponononononon on or around June 18, 2014; 100,000 won in value of 0.03g of oponon on or around September 23, 2014; and 400,000 won in value of 0.12gon on or around July 2016, which is received by the Defendant as a police officer on or around July 2016;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) One crime (the scope of recommended punishment), medication, simple possession, etc.;

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