마약류관리에관한법률위반(대마)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1, 2, and 3 shall be confiscated.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and two months of imprisonment, additional collection 6,000 won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the records show that the Defendant, in the Daegu District Court and the racing support on February 19, 2013, sentenced to a suspended sentence of two years on the grounds of a violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.) (Article 2012No. 1030) and the said judgment became final and conclusive on February 27, 2013. Accordingly, due to the final and conclusive judgment, each of the crimes of this case and the crime of violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.) committed in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below which omitted the application of the latter part of Article 37 of the Criminal Act can not be maintained as it is.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is that the first head of the judgment of the court below added "the defendant was sentenced to two years of suspension of execution on February 27, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective injury, etc. by a deadly weapon) in the Daegu District Court and racing support on February 19, 2013, and the judgment became final and conclusive on February 27, 2013" to the corresponding column of the judgment of the court below, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is acceptable
Application of Statutes
1. The relevant Article of the Criminal Act and Articles 61(1)4 (b) and 3 subparag. 10 (the occupation of marijuana possession and the choice of imprisonment) of the Act on the Control of Narcotics, etc. for the Prevention of Specific Crimes, and the smoking of marijuana under Articles 61(1)4 (a) and 3 subparag. 10 of the Act on the Control of Narcotics, etc., and imprisonment with prison labor;