마약류관리에관한법률위반(향정)등
The part of the judgment of the first instance, excluding the confiscation and collection, shall be reversed.
Defendant shall be punished by imprisonment with prison labor for not less than ten months.
1. Summary of grounds for appeal;
A. The judgment of the court below (the first judgment of the court below: one year of imprisonment and four months of imprisonment) is too unreasonable.
B. The sentence of the second lower judgment of the Prosecutor is too unhued and unreasonable.
2. On the judgment of the first instance court, the defendant and the prosecutor filed an appeal against the judgment of the second instance, respectively, and the court decided to concurrently examine the above two appeals cases.
On September 8, 2016, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on November 14, 2016.
The date and time of each crime in the judgment of the court of first instance is after the date of the above judgment, and the date and time of the crime in the judgment of the court of second instance is before the date of the above judgment
[The second instance judgment applied the latter part of Article 37 and Article 39(1) of the Criminal Act by deeming that the crime of violation of the Act on the Control of Narcotics, etc. and the crime of violation of the second instance judgment, which became final and conclusive, constituted concurrent crimes under the latter part of Article 37 of the Criminal Act. Criminal facts of the lower judgment do not constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be sentenced separately. Therefore, the lower judgment should not be reversed ex officio
A. The grounds for appeal are separately examined.
As to the Defendant’s assertion of unfair sentencing on the judgment of the first instance, considering the fact that the Defendant again commits a crime of violation of the Act on the Control of Narcotics, Etc. during the period of repeated crime on the same kind of crime, strict punishment against the Defendant is necessary.
However, the first instance court’s punishment is imposed in consideration of the following factors: (a) the Defendant’s mistake is divided in depth; (b) the amount of damage caused by the crime of embezzlement of stolen property is minor and the Defendant agreed with the victim of the crime in question; and (c) the Defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the arguments in this case, such as