마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Evidence Nos. 1 through 3 of seized evidence, respectively.
The defendant asserts that the punishment of the original judgment (the first instance judgment: imprisonment with prison labor for 1 year, and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable considering the following: (a) the defendant reflects in depth on the whole of the original judgment and is not adequate for a basic living recipient to receive an economic situation as the grounds for appeal.
Before determining the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The court below's conviction against the defendant is all concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment where the aggravated punishment for concurrent crimes is aggravated in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
Therefore, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of the administration of scopon), Article 44 (1) 2, and Article 32 (1) 7 (the point of exchange of game result goods) of the Promotion of the Game Industry Act, and selection of imprisonment, respectively;
1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;
1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. has committed the instant phiphone medication without any reflection on the fact that the defendant was punished several times for committing a crime related to narcotics.