마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
2750,000 won from the defendant.
1. The summary of the grounds for appeal (e.g., punishment: imprisonment with prison labor for 10 months; imprisonment with prison labor for 2 years and additional collection with prison labor for 10 months; and imprisonment with prison labor for 10 months and additional collection) of each court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the court decided to hold a concurrent examination of each appeal case against each of the defendant's appeals.
However, each of the first and second judgments of the court below should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, each of the judgments of the court below against the defendant can no longer be maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the pleading.
[Grounds for the judgment of the court below] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where "at the time of trial on suspicion, etc. of philophone medication" as stated in paragraph (1) of the facts constituting a crime of the second instance except where "at the time of trial on the charge of philophone medication, etc. is being investigated due to suspicion of philophone medication."
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) (the purchase of opon notes and the provision of medication), Article 60 (3) (the attempted purchase of opon notes) of the Act on the Management of Narcotics, Etc. for the Fact of crime, Article 30 (the point of purchase of opon notes) of the Criminal Act, Article 30 of the Criminal Act (the point of purchase of opon notes on January 13, 2018), and each choice of imprisonment with prison labor;
1. Articles 26 and 55(1)3 of the Criminal Act for attempted suspension [the crime of attempted suspension of narcotics, etc. (the crime of attempted violation of the Act on the Control of Narcotics, etc.)].