마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Nos. 1 through 7, 16.
1. Summary of grounds for appeal;
A. The respective sentence of the lower court (the first instance judgment: imprisonment of 2 years and 2 months; imprisonment of 10 months; and imprisonment of 3 months: imprisonment of 1 year and 2 months) is too unreasonable.
B. The prosecutor (with respect to the judgment of the court of first instance)’s punishment (two years and two months of imprisonment) is deemed to be too unhued and unfair.
2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to concurrently examine each appeal case against the judgment of the court below. As to all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced within the scope of the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first or third grade, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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. The main sentence of Article 67 of the Narcotics Control Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. lies in the confession of the crime of this case and the appearance of his mistake.