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 four months.
400,000 won from the defendant.
1. The summary of the grounds for appeal is too unreasonable that the respective punishment (the 1 year of imprisonment and the 300,000 won of collection, the 200,000 won of collection, the 1 year of imprisonment and the 1 million won of collection) of the original judgment is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The Defendant appealed from the judgment of the first instance and the judgment of the second instance, and the two appeals cases were decided to be reviewed together.
Each of the above judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
[C] The Criminal Procedure Act Article 369 provides that the Criminal facts and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as they are in accordance with the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 347 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Crimes, the Selection of Imprisonment with labor, and Selection of Punishment
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The Defendant committed each of the crimes of this case during the period of repeated crime under Article 334(1) of the Criminal Procedure Act, for the reason of sentencing of the provisional payment order.
Defendant has a record of criminal punishment several times for narcotics-related crimes.
(b).