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(영문) 춘천지방법원 2016.11.24 2016노308
마약류관리에관한법률위반(대마)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 2, 4 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (one year of imprisonment, two years of probation, 40 hours of probation, and an order to attend pharmacologic treatment, 6,00 won additional collection) and the second instance court’s punishment (one year of imprisonment, confiscation, additional collection 21,00 won) are too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered, and the defendant and the prosecutor filed each appeal against the judgment of the first instance, and the defendant filed each appeal against the judgment of the second instance, and the court decided to hold the above two cases together.

However, since each crime of the first and second judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the first and second judgment cannot be maintained as it is.

3. 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, on the grounds of the above ex officio reversal, and it is again decided as follows.

【Reasons for the Judgment of the court below which has been written] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence related thereto are as stated in the corresponding column of each judgment below except for the deletion of Paragraph 4 of the facts constituting the crime of the judgment of the court below and Nos. 1 through 3 of the annexed crime list. Thus, they are cited as it is in accordance with

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 257 (1) (the point of injury), 284, and 283 (1) (the point of intimidation to carry dangerous things) of the Criminal Act, Article 329 of the Criminal Act, Articles 61 (1) 6 and 4 (1) 2 (the point of cultivation and possession of marijuana) of the Act on the Control of Narcotics, Etc., and the Act on the Control of Narcotics, Etc.;

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