마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
No. 3 of the seized evidence shall be confiscated.
1. Progress of the instant case
A. The lower court found the Defendant guilty of all the charges charged, and sentenced the Defendant to a penalty of one-year imprisonment, the number of seized evidence No. 3, 853,00 won.
B. The Defendant appealed against the lower judgment on the grounds of unfair sentencing, and the lower court reversed ex officio the lower judgment on the grounds that there is no evidence to prove the Defendant’s confession and there is insufficient evidence to prove the facts charged, and sentenced the Defendant to a penalty surcharge of KRW 10 months of imprisonment, KRW 3,853,00 of seized evidence, and KRW 853,00 of the penalty surcharge for the remaining guilty portion.
(c)
With respect to the judgment of the court below prior to remand, the prosecutor erred by misapprehending the legal principles as to the evidence of confession reinforcement, and by misapprehending the legal principles as to the defendant's confession evidence, the defendant made each award on the grounds of sentencing improper. Although there is sufficient evidence to secure the authenticity of confession of the defendant, the Supreme Court has erred by misapprehending the legal principles as to the evidence of confession reinforcement,
The above part and the part found guilty prior to the remand are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the entire judgment of the court prior to the remand should be reversed and remanded to this court.
2. The decision of the court below on the gist of the reasons for appeal (the punishment of imprisonment of one year, the number of seized evidence No. 3, the additional collection of KRW 853,00) is too unreasonable.
3. The judgment of the defendant has considerable quantity and frequency of phiphonephones handled by the defendant, narcotics crimes are crimes that are likely to cause serious danger to people's health and social safety due to their crypology and toxicity, and the defendant has a record of being punished several times including punishment for the same kind of power, and therefore, the defendant is still in the period of repeated crime.