마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
249,00 won from the defendant.
1. The summary of the grounds for appeal (the first instance court: imprisonment of 1 year and 2 months, additional collection of 224,500 won, and the second instance: imprisonment of 4 months, additional collection of 24,500 won) imposed by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the case of this Court No. 2016No. 2055, which is the case of appeal against the judgment of the court below No. 1, and the case of this Court No. 2016No. 3938, which is the case of appeal against the judgment of the court below No. 2, was consolidated in the oral proceedings for the trial. Each of the crimes of the first and second decisions of the Supreme Court No. 1 shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, inasmuch as the concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes, the judgment of the court below cannot be maintained.
3. If so, 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 of sentencing, since there is a ground for reversal under the above authority, and it is again decided as follows.
【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The lower court, unlike the lower court’s second instance judgment, did not separately issue a provisional payment order while sentencing an additional collection, but did not separately issue a provisional payment order.
In the first instance of the proviso of Article 67 of the Narcotics Control Act: 224,500 won [=24,500 won (0.1 gram market price) 200,000 won (2 times per gram)] 2.