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(영문) 인천지방법원 2014.05.28 2014노236
마약류관리에관한법률위반(향정)
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

No. 1 of the seized evidence.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments against the Defendants is too unfasible.

2. In full view of the records of the instant judgment and all the sentencing conditions shown in the pleadings, each sentence against the Defendants is too uneasible and unfair.

3. Accordingly, the prosecutor’s appeal against the Defendants is with merit. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the choice of punishment for the crime: The Defendants’ respective Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act and the choice of imprisonment, respectively;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

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