마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (two years of suspended execution, probation, and 80 hours of lecture, two years of suspended execution, two years of probation and 80 hours of lecture in October, and two years of probation and 80 hours of lecture in October) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all of its reversal.
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 grounds for appeal, and it is so decided as follows.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Medication of philophones in the cases of 2013 Highest 1393: Determination of imprisonment, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act, and each of the choice of imprisonment;
B. The administration of philophones in each case of 2013 highest 3207: Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); each choice of imprisonment with prison labor
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. A person who has been convicted of the violation of Article 62(1) of the Criminal Act and the suspension of execution or more;