마약류관리에관한법률위반(향정)
The conviction part of the first and second original judgments shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The sentence of the court below (the first instance court: the penalty of 1 year and June, 200,000 won, the penalty of 2,381,750 won, and the second instance: the penalty of 8 months, 2,381, and 750 won, which are applied to imprisonment) is too unreasonable.
B. The sentence of the first instance court by the prosecutor is too uneased and unreasonable.
2. Prior to the judgment on each of the grounds for appeal above, the first and second court sentenced the defendant to the above punishment by examining the defendant ex officio before the judgment on each of the above grounds for appeal. The defendant was guilty of the first and second court judgment, and the prosecutor filed each appeal against the first and second court judgment, and the court of appeal decided to jointly examine the above cases. Each of the first and second court's offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment aggravated under Article 38 (1) of the Criminal Act. Thus, the first and second court's convictions against the second court and the second court's convictions cannot be exempted from all reversals.
3. As such, the guilty part of the first and second original judgment is a ground for reversal of the above ex officio. Thus, without examining the Defendant and the prosecutor’s assertion of unfair sentencing, all of the conviction parts of the first and second original judgment pursuant to Article 364(2) of the Criminal Procedure Act are reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., and Article 30 of the Criminal Act concerning the management of narcotics, etc., of which punishment is chosen, respectively;