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(영문) 수원지방법원 2015.01.29 2014노2532
마약류관리에관한법률위반(향정)
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

6. The color-finding body seized by the defendant

Reasons

Summary of Grounds for Appeal

Each sentence of the original court (No. 1; 2 years of imprisonment; 10,340,00 won for confiscation and collection; 2.3 months of imprisonment; and 200,00 won for collection) is unreasonable.

Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against each judgment of the court below was consolidated. Each of the offenses committed by the defendant of each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the trial. In this regard, each of the judgment of the court below shall not be maintained.

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, and it is again decided as follows through the pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of each judgment of the court below. Thus, they are cited as they are 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 Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso of Article 67 of the Act on the Control of Narcotics, Etc. = 6,580,000 won in total 6,50,000 won in cases falling under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (=Article 67 (4) 1,50,000 won in facts constituting an offense of paragraph (1) 4,000,000 won in total 80,000 won in Article 67 (8) 80,000 won in total) ② 3,660,000 won in cases falling under the proviso of the above Article 67 (321)

(a)(1) 2,00,000 Won 1-b;

Port 1,000,000 2-C

Paragraph 560,000 won (i.e., national average retail amounting to KRW 800,000 perg x 0.7g) 3 g. one time.

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