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(영문) 대전지방법원 2016.04.21 2016노395
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

4,500,000 won shall be additionally collected from the defendant.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year of imprisonment and additional collection) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant's ex officio, the first head of the facts charged by the prosecutor was sentenced to a suspended sentence of two years on September 23, 2015 due to a violation of the Narcotics Control Act at the Ulsan District Court on September 23, 2015, and the judgment on March 30, 2016 became final and conclusive.

In addition, “the latter part of Article 37 of the Criminal Act,” and “Article 39(1) of the Criminal Act,” the applicable law applied to apply for amendments to Bill of Indictment, and this Court permitted this.

Therefore, the crime of violation of the Act on the Management of Narcotics, Etc., which became final and conclusive in the judgment of the court below, shall be sentenced to punishment against the defendant in consideration of the equity in the case where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act, as the crime of violation of the Act on the Management of Narcotics, etc., which became final and conclusive,

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【The reasoning of the judgment that was used again] The criminal facts and summary of evidence against the defendant recognized by the court is the first head of the judgment of the court below. The judgment of the court below became final and conclusive on March 30, 2016 on the ground that "the defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act at the Ulsan District Court on September 23, 2015, due to a violation of the Narcotics Control Act.

In addition, “B” is added and the summary of evidence is identical to each corresponding column of the judgment of the court below, except for the following: “1. Criminal history inquiry, Ulsan District Court 2015 order 2123 Decided 2015 order” in the 17th sentence of the judgment of the court below as “1. The summary information inquiry, and the text of the judgment.”

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