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(영문) 광주고등법원 (전주) 2013.05.07 2013노62
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

2,100,000 won from the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (e.g., a two-year imprisonment and a two-month imprisonment) is too unreasonable.

2. After completing separate hearings in accordance with the former District Court Decision 2012 Ma298, 2013Ma419, 2012 Go-Ma300, the court below sentenced the defendant to imprisonment with prison labor for the former and three years for the latter, and four months for the latter. The defendant filed an appeal against the judgment of the court below, and the court decided to hold concurrent hearings for the above two appeals. Since the crimes of the first and second court are 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 aggravated concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below cannot be exempted from all reversal.

3. If so, 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 the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Prior to the amendment by Act No. 10786, Jun. 7, 2011;

(a) The same shall apply;

(1) Article 58(1)6, Article 4(1), Article 2 subparag. 4(b) (Article 58(1)6, Article 2 subparag. 4(b) (Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) (Article 2 subparag. 4(b)) of the former Narcotics Control Act.

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