마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
5,865,500 won from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and collection of 5,165,500 won, and 200 won: Imprisonment with prison labor for 10 months and collection of 5,165,500 won) that the court below sentenced to the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are criminal facts of the judgment below in 2013No367.
The term “the subordinate order of December 2012” in paragraph (1) is “the subordinate order of December 2011”; the term “the subordinate order of December 1, 2012” in the [Attachment III] Nos. 1 is “the subordinate order of December 201,” and the term “the subordinate order of December 201,” respectively.
3. In addition to adding “the first order” to “the first order of March 2012, 201,” the summary of the evidence as “the prosecutor’s interrogation protocol of the prosecution against E” and “the copy of the interrogation protocol of the prosecution and the investigation report (the attached report on indictment)” as stated in each corresponding column of the lower judgment, each of them is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The purchase, receipt, and medication of philopon between 03:00 on the date of the lower order of December 2011 and the lower order of May 7, 2012: The former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011).