(영문) 의정부지방법원 2014.10.30 2014노1370

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.10.30 2014노1370

마약류관리에관한법률위반(향정)

Text

The part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and four months.

Reasons

1. The sentencing of each court below against Defendant A (the imprisonment of January 1: February 2 and August 2: the imprisonment of the court below) and the sentencing of the court below against Defendant A (the imprisonment of eight months) is too unreasonable.

2. Determination

A. We examine the grounds for appeal by Defendant A ex officio prior to the judgment on the grounds for appeal by Defendant A.

This Court held two cases of appeal against each judgment of the court below jointly and tried, and since each offense in the judgment of the court of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and the punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the part of the judgment of the court below against each defendant A cannot be maintained.

B. As to the grounds for appeal by DefendantO, the Defendant committed the instant crime even though the Defendant had been punished for the same kind of crime five times (one time of suspended sentence, four times of suspended sentence), and there seems to be very high possibility of recommitting the instant crime, the number of times the Defendant sold, sold, and administered is three times, and other various sentencing conditions specified in the records and arguments in the instant case are considered, and thus, the Defendant’s assertion is not acceptable.

3. As such, without examining the Defendant A’s assertion of unfair sentencing, the part of the lower judgment against each of the Defendant A among the lower judgment under Article 364(2) of the Criminal Procedure Act is reversed, and the appeal by the DefendantO is again decided as follows. The appeal by the DefendantO is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so

[Multiple] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the criminal facts of the defendant and the summary of the evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 1 of the Act on Criminal Matters and the selective management of narcotics;

참조조문

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