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(영문) 서울북부지방법원 2017.11.14 2017노1589
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

one (0.64g), one (No. 3), which has been seized philopon (0.64g),

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (one and half years of imprisonment) is excessively unreasonable.

B. The lower court erred by misapprehending the legal doctrine on the confiscation of philophones seized (Evidence Nos. 5 through 7) and by misapprehending the legal doctrine on confiscation, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s unreasonable sentence of sentencing is unreasonable.

2. The main sentence of Article 67 of the Act on the Control of Narcotics, Etc. shall be confiscated for narcotics, temporary narcotics, and facilities, equipment, funds or means of transport provided for any crime prescribed in this Act, and proceeds therefrom;

“.......”

Since seized documentary evidence injections in subparagraphs 5 through 7 are narcotics provided for a crime of violation of the Act on the Control of Narcotics, etc. by Possession of philopon (flopon). Therefore, they are subject to the necessary subscopon.

Nevertheless, the lower court erred by omitting the confiscation of the above Nos. 5 through 7.

3. The judgment of the court below is reversed, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows, without examining the unfair argument of sentencing by the defendant and the prosecutor.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (a) of Article 2, Article 60 (3) and Article 60 (1) 2, and subparagraph 3 (b) (a) of Article 4, Article 60 (1) 2 of the Narcotics Control Act, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (a) of Article 60 of the Act on the Control of Narcotics, Etc.) concerning the facts constituting an offense;

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

1. Confiscated narcotics;

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