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(영문) 서울남부지방법원 2016.10.13 2016노205
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine and thereby making an additional collection on the Defendant, even though it is extremely harsh that the criminal proceeds cannot be collected from the Defendant because the criminal proceeds due to the crime under paragraph (1) of the lower judgment’s holding that the Defendant was not specified.

B. In light of the following: (a) the Defendant’s assertion of unfair sentencing may suffer from extreme economic difficulties; (b) resulting in each of the instant crimes; (c) the Defendant’s commission of each of the instant crimes is low; (d) the period of each of the instant crimes is shorter; (e) the benefits acquired by the Defendant is merely one million won; (b) the Defendant is anticipated to be forced to withdraw from the Republic of Korea to the instant case; and (c) the Defendant has no record of being punished in the Republic of Korea, the sentence imposed by the lower court (two years of suspended sentence for one year) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The court below's decision No. 2-A of the judgment below.

Of the facts constituting the crime in paragraph (2), the sales of each unqualified drug Nos. 36 through 51 of the annexed Table 2 of the crime sight table, and 2-B of the decision of the court below.

Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act (amended by Act No. 13655, Dec. 29, 2015; hereinafter “Enforcement Pharmaceutical Affairs Act”) that was in force at the time the lower judgment was sentenced to criminal facts under the provision of the former Pharmaceutical Affairs Act.

However, Article 93(1)7 of the Enforcement Decree of the Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015; statutory penalty: imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won) is partially amended by Act No. 13114, Sept. 29, 2015; thus, the enforcement of the Pharmaceutical Affairs Act cannot be applied to the above criminal facts committed by the Defendant prior to its enforcement, and Article 93(1)7 of the former Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015) (amended by Act No. 13114, Jan. 28, 2015) shall be applied.

In this respect,

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