마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
10,000 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence imposed by the lower court (one year of imprisonment and two hundred thousand won of additional collection) is too unreasonable.
2. Before determining the reasons for ex officio appeal, the record reveals that the Defendant was sentenced on January 26, 2017 to two years and six months, and the above judgment became final and conclusive on March 27, 2017 due to a violation of the Narcotics Control Act at the Busan District Court on January 26, 2017. As above, the crime of violation of the Act on the Control of Narcotics, Etc., for which judgment became final and conclusive, and the crime of violation of the judgment below and the crime of violation of the Act on the Management of Narcotics, etc., of which judgment became final and conclusive, are determined in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.
3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
【Re-written judgment of the court] The criminal facts and summary of the evidence acknowledged by the court and the summary of the evidence are the criminal facts of the court below’s judgment [criminal records] column, and the judgment of the court below became final and conclusive on March 27, 2017 after the defendant was sentenced to two years and six months of imprisonment with prison labor due to a violation of the Narcotics Control Act at the Busan District Court on January 26, 2017.
Article 369 of the Criminal Procedure Act provides that “A previous conviction in the judgment of the court of first instance” shall be added to “(1) prior conviction in the judgment of the court of first instance: Busan District Court 2164, 2016, 4089, 2016, 4089, 2016, 2016, 2017, and 2017Do2773,” and the summary of the evidence shall be as stated in each corresponding column of the judgment of the court of first instance. Therefore, it shall be cited as it is in accordance with
Application of Statutes
1. Article 60(1)2 of the Act on the Management of Narcotics, Etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, Etc., and Article 2 subparag. 3(b) of the Criminal Act.