마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Nos. 1 through 4 of seized evidence.
1. The summary of the grounds for appeal (Article 1.6 months of imprisonment, confiscation, additional collection of KRW 80,50, and KRW 2.1 year and six months of confiscation, additional collection of KRW 400,00) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
The judgment of the court of first instance and the judgment of the court of second instance rendered each of the judgment of the court of second instance against the defendant, and the defendant filed each appeal against the judgment of the court of second instance, and this court decided to concurrently examine the above two appeals cases
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.
In this respect, the first and second judgment can not be maintained as it is.
3. If so, the court below's judgment of the first and second court is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence in the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (limited to the medication, purchase, and possession of philopon, and Article 30 of the Criminal Act) concerning the crime, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 and Article 3 of the Act on the Control of Narcotics, etc.,
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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Application of the proviso to Article 67 of the Act on the Management of Narcotics, Etc.;
1. Legal provisions;