마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment for two months with prison labor for the crime No. 1 of the judgment of the court below, and the crime No. 2 of the judgment of the
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the court below (a prison term of four months, additional collection of KRW 170,000) is too unreasonable.
2. Before determining the reasoning of the Defendant’s appeal ex officio, the records of this case revealed that the Defendant was sentenced to a two-year suspended sentence of imprisonment for eight months on August 27, 2014 due to a violation of the Act on the Punishment of Acts, such as Intermediating and Arranging Commercial Sex Acts (remediation of commercial sex acts), etc. at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and confirmed that the said judgment became final and conclusive on September 4, 2014; on August 31, 2016, by being sentenced to imprisonment for one year on the grounds of a violation of the Narcotics Control Act (remediation of commercial sex acts); and on February 20, 2017, the facts that the said judgment became final and conclusive on February 20, 2017 after being sentenced to imprisonment for one year on the grounds of a violation of the Act on the Punishment of Acts, such as Arranging Commercial Sex Acts (remediation of commercial sex acts) and Article 37 of the Criminal Act, which became final and conclusive on September 27, 2017, etc.
Therefore, after examining whether to concurrently render a judgment under Article 39(1) of the Criminal Act and whether to reduce or exempt punishment, the court below should determine separate punishments for crimes No. 1 and crimes No. 2 in the judgment of the court below, and sentence two punishments on the order. However, since the court below erred by imposing only one punishment, the judgment of the court below cannot be maintained in this regard.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below.