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.
2.50,000 won from the defendant.
1. Each sentence imposed on the accused (the first instance judgment: imprisonment of one year and two months, the additional collection of 1.6 million won, and the second instance: imprisonment of eight months, and the additional collection of 8.5 million won) by the first and second instance judgments on the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first, and second instances were examined and sentenced to each conviction against the defendant, and the defendant respectively filed an appeal, and the court decided to concurrently examine each of the above appeals cases.
However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. In light of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1.6 million won for the 2253 Highest 2017 Highest 2.6 million won for the 2017 Highest 6310 Highest 6.655 million won = 2450,000)’s reason for sentencing, the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated.