Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
evidence of seizure.
Reasons
1. The summary of the grounds for appeal (the defendants) against the defendants is too unreasonable.
2. In full view of the records of the instant judgment and all the sentencing conditions shown in the pleadings, the lower court’s punishment against Defendant A is unfair due to the absence of sentence, and the lower court’s punishment against Defendant B is not unfair due to the absence of sentence, and thus, Defendant A’s assertion is with merit, and Defendant B’s assertion is without merit.
3. In conclusion, since Defendant A’s appeal is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against the above Defendant is reversed and it is again decided as follows. Defendant B’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per
Criminal facts
The summary of the facts charged by Defendant A and the summary of the evidence acknowledged by this court is as follows: (a) except for the alteration of each “defendant” in the facts charged of the judgment below to each “Defendant A”, the facts charged of the judgment below are identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 3 and Article 4 (1) and Article 2 subparagraph 4 (b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc.;
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 Narcotics Control Act;
1. The proviso to Article 67 of the Narcotics Control Act;