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(영문) 인천지방법원 2016.10.13 2016노1593
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1,500,000 won from the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment of 1 year and 6 months, additional collection of 40,000 won, and the second instance court: imprisonment of 1 year and 6 months, and additional collection of 1.3 million won) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the case of this Court No. 2016No1593, which is the case of appeal against the judgment of the court of first instance, and the case of this Court No. 2016No2362, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The original judgment under the proviso of Article 67 (1) of the Act on the Control of Narcotics, Etc.: He shall collect 0.06 gopon from O for 0.03 gopon among them, and additionally collect 20,000 won corresponding to the total quantity (two times for medication) handled by the defendant since the defendant has been administered.

The second instance judgment: the court below.

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