마약류관리에관한법률위반(향정)등
All the judgment below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
A seized son.
1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for one year, confiscation, additional collection of KRW 103,00, KRW 200: Imprisonment for six months, KRW 300,00, and KRW 30: Imprisonment for two months, and KRW 100,00 for additional collection) that the original judgment rendered by the original court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below Nos. 1, 2, and 3 against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses against the defendant in the first, second, and third cases of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining all of the judgment of the court below as to the defendant's unfair argument of sentencing, and it is again decided as follows after the pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the possession, medication, receipt, and delivery of a penphone), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking for marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 5 and 4 (1) 1, 61 (1) 3 (d) (the point of carrying a psychotropic drug) of the Act on the Control of Narcotics, etc., Articles 61 (1) 6, and 4 (1) 2 (the hemp) of the Act on the Control of Narcotics, etc.;
possession, each of which is imprisonment 1.