마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
A disposable dys used in seizure.
1. Each sentence (the first instance court: imprisonment with prison labor for three years; the second instance court; imprisonment for six months; and the third instance court: imprisonment with prison labor for six months; and the fourth instance: imprisonment with prison labor for six months; and the fourth instance): 4 months) declared by the original court is too unreasonable; and
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal was examined in the first instance court as the defendant filed each appeal against the judgment of the court below. As long as each crime listed in the judgment of the court below is in a concurrent relationship with the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more.
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 unfair argument for sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in each corresponding column of the judgment below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the pertinent Act concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) of the Road Traffic Act (the point of failing to take measures after causing damage to property), Article 347(1) of the Criminal Act (the point of fraud) and Article 2(2)3 of the Punishment of Violences, etc. Act concerning the joint indictment against the defendant.