마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
marijus contained in seized transparent vinyl.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, each sentence of the lower court (the first instance judgment: imprisonment with prison labor for 10 months, confiscation and collection, and second instance judgment: imprisonment with prison labor for 2 months and collection) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below and tried to hold the appeal jointly. As a result, each crime of the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following is again decided after the 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 corresponding columns of the judgment of the court below, 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), and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the possession of, and the possession of, marijuana selected by imprisonment: Article 61 (1) 4, (b), and Article 3 subparagraph 10 of the Act on the Control of Narcotics, Etc., and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The Defendant was punished twice for the same offense under Article 334(1) of the Criminal Procedure Act.