마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
10,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. Compared to misunderstanding of facts or misunderstanding of legal principles, the Defendant did not have any intention to aid and abetting fraud because he did not know that his act was related to the scaming crime, since the Defendant was unaware of the fact that he did not know of the fact that his act was related to the scaming. 2 (Fraud) as stated in the judgment of the court below.
B. The sentence of unfair sentencing (two years of imprisonment with prison labor and two months of imprisonment with prison labor with prison labor for the crime No. 1 of the original judgment) is too unreasonable.
2. Determination
A. On April 2, 2019, the Defendant was detained due to a violation of the Act on the Control of Narcotics, Etc., and was tried at the Busan District Court. On April 2, 2019, the Defendant was released by a two-year suspended sentence, and the said judgment became final and conclusive on the 10th of the same month.
However, the date and time of crime of the crime of the crime of the crime of the crime of the crime of the crime of Article 1 in the holding of the court below is specified from April 2, 2019 to April 11, 2019, which is the date on which the defendant was released from the defendant's defense appraisal by the defendant's defense appraisal, etc., and it is unclear whether the specific date
However, considering the following circumstances that can be recognized by the evidence duly adopted and examined by the lower court, namely, ① the date and time when the Defendant informed that he/she administered a phiphone is April 10, 2019; ② the above informant stated that the Defendant was the same as the Defendant’s behavior was administered in the phiphone on April 22, 2019, the crime No. 1 in the holding is deemed to have been committed before April 10, 2019, which is the date the judgment on the suspension of the execution became final and conclusive.
According to this, the judgment of the court below and the judgment of the above suspension of execution are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the first and second crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act.