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 two months.
234,400 won from the defendant.
1. The main points of the grounds for appeal are as follows: each punishment (Article 1: imprisonment with prison labor and collection for one year, and imprisonment with prison labor for four months and collection for four months) declared by the court below is too unreasonable.
2. Each of the appeals cases against the judgment of the court of first instance and the judgment of the court of second instance decided to concurrently examine the appeal cases against the judgment of the court of second instance, and on the other hand, each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court of second instance
3. If so, the judgment of the court below on the grounds of ex officio reversal, without examining the Defendant’s assertion of unfair sentencing, all of the judgment below is reversed under Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the facts and evidence against the defendant recognized by this court is as follows: the summary of the first instance judgment's "a summary of evidence" is as follows: "1. Prosecution's investigation report (related to the calculation of collection charges and the claim for collection preservation order)", "a monthly trend of narcotics", and "a summary of evidence" in the second instance judgment's "a summary of evidence" are as stated in each corresponding column of each of the lower judgment except for adding "1. Prosecution's investigation report (related to the claim for collection charges and collection preservation order), and "the statement of price of narcotics, etc."
Application of Statutes
1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;
Ba (hereinafter referred to as "Handphone")
(i)the receipt and medication, and the choice of each imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the crimes of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are due to the number of penphones with heavy crimes;