마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
excluding seized evidence 1(s) of appraisal consumption;
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and penalty of KRW 100,000 for a year and penalty of KRW 100,00, and penalty of KRW 2: Imprisonment with prison labor, and penalty of KRW 378,00 for a year and penalty of KRW 378,00) of the lower court is too unreasonable
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
The Defendant appealed from the judgment of the first instance and the judgment of the second instance, and the two appeals cases were decided to be reviewed together.
However, each of the above judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence is determined in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
In other words, the summary of facts constituting an offense and the summary of evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)2 and Articles 4(1)1 and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15481, Mar. 13, 2018); each choice of imprisonment with labor, as well as the choice of applicable laws on criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The value of narcotics to be collected in addition to the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall refer to the ordinary transaction price in the market, and if the ordinary transaction price is not formed, it shall be based on the actual transaction price; and