logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.06 2016노3258
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence Nos. 3, 4, .

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for a year and six months, confiscation and collection, and confiscation for a period of four months and confiscation) of the lower court is deemed to be improper as it is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appeal cases against the lower judgment. Each of the instant offenses against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this respect, the lower judgment cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) (which means the possession of a medication of opon), Article 61(1)4(a), and Article 3 subparag. 10(b) (which means the possession of a smoking of marijuana) of the Act on the Control of Narcotics, Etc., and Articles 61(1)6 and 4(1)2 (which means the possession of a smoking of marijuana) of the Act on the Control of Narcotics, etc., and Articles 61(1)6 and 61(1)2 of the Act on the Control of Narcotics, Etc.;

Possession)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violation of the Act on the Control of Narcotics, etc. in 6359 at the altitude 6359 and the crimes of violation of the Narcotics Control Act);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Management of narcotics, etc. additionally collected;

arrow