마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for not less than 10 months, confiscation, additional collection, and the second judgment: imprisonment with prison labor for not more than 6 months, confiscation and additional collection) that the court below rendered is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case of appeal by the first instance court against the first instance court was consolidated in the proceedings of the first instance court, which is the case of appeal by the second instance court, and the case of this court 2013No3103, which is the case of appeal by the second instance court. The judgment below against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and each crime of the judgment below against the defendant should be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, all of the judgment of the court below cannot be reversed.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (compacting Crimes) due to possession of the largest 4.83g of a scopon and an offense) among concurrent crimes;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. Grounds for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics.