마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Seized evidence subparagraph 1 shall be confiscated.
1. The summary of the grounds for appeal (Article 1:1.6 months of imprisonment with prison labor for the first instance court, and Article 2.6 months of imprisonment with prison labor for the second instance court) declared by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all of its reversal.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is so decided as follows.
[C] The summary of the facts of the crime and the evidence admitted by the court below and the summary of the evidence are as follows: "No. 14, 2007." among the facts of the crime of the judgment of the court of first instance, "No. 14, 2007." "No. 14, 2007." "no. 5" and "no. 10 months of imprisonment" shall be read as "no. 6 months of imprisonment and no. 4 months of imprisonment" and the summary of the evidence as "no. 1, E, G's statement", "no. 1. E, G, and I of the second police interrogation protocol of the defendant against the defendant" are the same as each corresponding column of the judgment of the court below, and they shall be cited as it is in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Delivery and medication of philophones as stated in paragraphs (1) and (3) of the facts constituting the crime of 2012 Highest 4500, and purchase of philophones in 2013 Highest 1314: each of Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201).