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(영문) 서울동부지방법원 2016.12.22 2016노1019
마약류관리에관한법률위반(향정)등
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for three years.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Article 1: 3 years of imprisonment with prison labor and collection, and 6 months of imprisonment with prison labor) sentenced by Defendant A to Defendant A is too unreasonable.

B. Defendant H’s punishment (one year, six months of imprisonment, confiscation, and additional collection) is too unreasonable.

2. Determination

A. The judgment of the court below ex officio (as to Defendant A), prior to the judgment of the court below on the grounds for appeal by Defendant A, the above Defendant was sentenced to the judgment of the court below, and each appeal was filed against the above Defendant. The court decided to hold a joint hearing on each appeal case. Each of the offenses against the above Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, since the part against the above Defendant and the judgment of the court of first instance cannot be maintained any more.

B. Since 2008, Defendant H’s grounds for appeal did not have a record of narcotics, cooperation in the investigation of other narcotics crimes, and there are circumstances that may be considered, such as: (a) Defendant H was sentenced to two times the suspension of indictment on the grounds of the violation of the Act on the Control of Narcotics, etc. (e.g., the violation of the Act on the Control of Narcotics, etc.), (b) three times the suspension of execution, and (c) one time the suspension of indictment was imposed on the violation of the Act on the Control of Narcotics, etc. (e.g., the violation of the Act on the Control of Narcotics, etc.) and (d) the violation of the Act on the Control of Narcotics, etc. (e., the Act on the Control of Narcotics, etc.). In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, the background and result of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is adequate and unreasonable.

3. According to the conclusion, Defendant A among the judgment of the court of first instance.

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