The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is the reason for the appeal of the defendant and the prosecutor's appeal that the punishment (two years of suspended sentence of imprisonment for six months, two years of probation, observation of protection, and confiscation) determined by the court of the original instance is too unreasonable and unfair.
2. We examine ex officio the reasons for both ex officio appeal prior to the determination of the grounds for appeal.
On June 8, 2017, the defendant was sentenced to imprisonment with prison labor for a maximum of four months and a short of two months at the Incheon District Court. The above judgment became final and conclusive on June 16, 2017.
The above crime and the crime decided by the court below are concurrent crimes of Article 37 of the Criminal Code.
Punishment shall be determined after examining whether to grant concurrent judgment and equality in accordance with Article 39(1) of the Criminal Act and whether to reduce or exempt punishment.
In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing under the proviso of Article 186(1) of the Criminal Procedure Act lies in that the Defendant again gets the juvenile protective disposition in spite of the fact that he/she had received two times or more due to the inhalement of hallucinogenic substances.