마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The seized white paper contains a seized white paper.
1. The sentence of the lower court on the summary of the grounds for appeal (the first instance judgment: 2 years of suspended execution, observation of protection, and lecture for the treatment of drug addiction in October, the community service order of 80 hours, additional collection 2640,00 won, and the second instance judgment: 10,000 won of imprisonment, and additional collection 10,000 won) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the two appeals cases. The crimes of the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unfair claims for sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. (the trade, possession, and medication of philopon), Article 60 (3), Article 60 (1) 2, and Article 4 (1), Article 2 subparagraph 3 (b) (the attempted trade of philopon) of the Narcotics Control Act, Article 319 (2) and Article 319 (1) of the Criminal Act (the attempted trade of philopon), Article 319 (1) of the Criminal Act, the selection of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The order of provisional payment;