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(영문) 부산지방법원 2020.10.16 2019노4319
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized defenses 30CC (No. 1) and defenses.

Reasons

Summary of Grounds for Appeal

A. In relation to the crime of delivery of philophones to N of misunderstanding of facts on the judgment of the first instance, it is true that the Defendant sent N along with N at the time of the decision, but did not deliver philophones to N.

Therefore, the judgment of the court of first instance which convicted of the violation of the Act on the Control of Narcotics, etc. (fluence) due to the issuance of philopon was erroneous.

B. In light of the fact-finding and misapprehension of legal principles as to the judgment of the second instance, the Defendant, who argued the misunderstanding of facts as to the judgment of the court below and the misunderstanding of legal principles, caused severe injuries caused by a serious accident involving two-lane telegramss, and thereby, caused the fear of fire and explosion to occur in the state of confusion with the mind, leaving the scene of the accident to escape as much as possible from the vehicle as possible, and did not escape without taking measures such as aiding the victims.

Therefore, the judgment of the court below which convicted the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury) and the violation of the Road Traffic Act (the aftermath of the accident) is erroneous and erroneous.

C. The sentence of the lower court (No. 1: imprisonment with prison labor for 1 year and 6 months, confiscation, collection, and 2: imprisonment with prison labor for 10 months) declared by the lower court on the grounds of unreasonable sentencing against the lower judgment is too unreasonable.

2. According to the judgment of the court of first instance as to the records of ex officio, the court of first instance rendered a judgment of collection of the defendant on May 20, 2019 by means of service by public notice under Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the defendant who was served a copy of indictment and a writ of summons, etc. of the defendant did not appear on the date of the first and second public trial and his whereabouts are not confirmed, and the defendant was absent on May 20, 2019. The court of first instance requested the recovery of the right to appeal against the judgment of the court of first instance on August 12, 2019, and the court of first instance dismissed the defendant's request.

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