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(영문) 부산지방법원 2014.12.18 2014노2217
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. In light of the various circumstances, the sentence of the court below (two years and six months in prison) is too unreasonable, in light of the following: (a) the defendant's error is recognized and is in depth against the defendant's depth; (b) the defendant's wife is detained; and (c) the defendant committed the instant crime to punish money necessary for North Korea from North Korea as North Korean defectors or his family member.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to Bill of Indictment with the content of the facts charged in the instant case, which is the same as the facts charged in the separate sheet, prior to the judgment on the grounds of appeal by the Defendant’s ex officio determination, and the subject of the judgment was changed by this Court upon permission.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The reason for sentencing in the main sentence of Article 67 of the Confiscation Narcotics Control Act shows the confession of the crime of this case and the misunderstanding of one's mistake, there are the wife and four children who the defendant should support, and the wife is under detention, making it difficult to support their children, and the defendant adapt to Korean society as North Korean defectors.

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