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(영문) 창원지방법원 2014.03.20 2013노2141
마약류관리에관한법률위반(향정)
Text

All judgment of the court below shall be reversed.

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

The District Prosecutors' Office that has been seized.

Reasons

1. Summary of grounds for appeal;

A. The court below's respective punishment (the court below's judgment: one year of imprisonment, three years of probation, two years of probation, 40,000 won of taking pharmacologic course and 20,000 won of collection, 1 year and 200,000 won of collection) which the court below sentenced the defendant is too unreasonable.

B. The sentence of the first instance judgment by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed in its entirety.

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 and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

1. The reason for sentencing under Article 67 of the Act on the Control of Narcotics, etc. is that the defendant was sentenced to a suspended sentence in the judgment of the court of first instance and was committed in the judgment of the court of second instance within six days from the date of release, and that the defendant committed each crime in the judgment of the court of first instance.

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