마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the lower court found the Defendant guilty of all the charges of this case by ex officio, based on the Defendant’s legal statement, records of seizure, pictures, narcotics appraisal certificates, and investigation reports (report on confirmation of the fact of boarding aircraft). Of the facts charged of this case, the lower court found the Defendant guilty of all of the charges of this case on February 20, 2013, on the ground that the confession of the Defendant constitutes only evidence and there was no corroborative evidence. Therefore, the lower court erred
3. If so, according to Article 364(2) of the Criminal Procedure Act, the judgment of the court below as to each crime of concurrent crimes under the former part of Article 37 of the Criminal Act is reversed, and the judgment below is reversed and it is again decided as follows.
[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows: in addition to adding "a copy of the interrogation protocol of 1. I" which is the reinforced evidence submitted in the trial of the court below to the summary of the evidence of the court below, it is identical to the corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 3
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected;
(i) Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (i.e., calculation of the amount of additional collection: 300,000 won (i.e., one-time medication amounting to 100,000 won x 3 times) of the Act on the Control of Narcotics, Etc. is serious crimes detrimental to social and national soundness due to their toxicity, and