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(영문) 의정부지방법원 2019.11.29 2019노1560
마약류관리에관한법률위반(향정)등
Text

Of the judgment of the court below of first instance, the part on each crime of 2019 order610 and the judgment of the court of second instance shall be reversed, respectively.

Reasons

1. The summary of the grounds for appeal appealed against the lower judgment on September 24, 2019, but the Defendant did not submit the grounds for appeal within the submission period for the grounds for appeal, and did not state the grounds for appeal in the petition of appeal.

The punishment of the first instance court (each of the crimes in the 2018 Highest 2970 cases: Imprisonment with prison labor for six months, additional collection of 4 million won, and each crime in the 2019 Highest 610 cases: Imprisonment for one year and six months, confiscation, and additional collection of 10,000 won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second court sentenced the defendant to a judgment after a separate hearing was completed for the defendant, and the defendant filed an appeal against the first and second court's judgment, and this court decided to hold the above two appeals together.

Among the judgment of the court of first instance against the defendant, each of the crimes of 2019 order610 order and each of the crimes of 2019 order610 order and the judgment of the court of second instance in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38 of the Criminal Act. In this regard, the part concerning each of the crimes of 2019 order610 among the judgment of the court of first instance and

3. Determination on the assertion of unfair sentencing (each of the crimes in the case of No. 2018 Highest 2970 among the judgment of the court of first instance) has the following favorable circumstances.

The defendant is against this part of the crime.

Until the judgment of the court below is sentenced, the defendant provided active cooperation to investigation agencies such as informing a number of drug offenders in the name of the court below, and provided additional information about drug offenders in the first instance.

In July 17, 2017, a sentence should be imposed in consideration of equity in cases where a judgment is rendered at the same time with a violation of the Act on the Control of Narcotics, etc. (fence).

However, there are the following disadvantageous circumstances for the defendant.

The defendant has been punished several times for drug crimes.

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