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(영문) 창원지방법원 2019.02.19 2018노1485
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 four months.

Sub-paragraphs 3 and 4, respectively, of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of lacking the ability to distinguish objects or make decisions due to symptoms such as medication, suppression, etc. at the time of stopping the remaining crimes except for the crimes of medication of narcotics.

B. Each sentence of the judgment of the court below on unreasonable sentencing (the first judgment of the court below: imprisonment with prison labor for one year and four months, and the second judgment of the court below: imprisonment with prison labor for four months) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal ex officio prior to the judgment on the grounds for appeal.

1) The defendant filed an appeal against the judgment below for the consolidation of the appeal case, and this court decided to concurrently examine the above two appeal cases. Each of the crimes against the defendant in the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is. (2) On the ground of violation of the Punishment of Violences, etc. Act, the defendant's appeal ground is a mental and physical disability, and the defendant's appeal ground is an unreasonable sentencing, but the court of appeals may decide ex officio on the grounds that affect the judgment (Article 364(2) of the Criminal Procedure Act), and it is possible to decide ex officio on the grounds that are not included in the grounds of appeal (Article 3

A) Around 14:10 on February 14, 2017, the Defendant carried a knife knife, which is a deadly weapon that might be used for a crime of violence, etc., in front of the above M apartment N, without good cause.B) The summary of the facts charged is as follows: (a) the amendment process and contents of the relevant legal principles and the Act on the Punishment of Violences, etc. (hereinafter “Assault Punishment Act”); (b) the legislative intent and text of Article 7 of the Punishment of Violences Act; (c) the structure of text and text thereof; (d) the nature of the crime of violation of the Punishment of Violences Act and the elements for establishment.

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