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 three months.
Three (No. 1) of the plant of the plant that has been seized;
1. The summary of the grounds for appeal (e.g., punishment of the lower court) of each of the lower courts against the Defendant is too unreasonable. The punishment of the lower court (e.g., 2 years of suspended execution, 40 hours of probation and pharmacologic treatment, 100,00 won of confiscation and collection, 10,000 won of imprisonment, 10 months of collection and 50,000 won of collection) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant for ex officio determination were rendered, and the defendant filed an appeal against them, and the court of second instance decided to hold concurrent hearings of the above two appeals cases. Each of the offenses against the defendant in the judgment of the court of first and second instance are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and
3. If so, the court below's judgment of the first and second court is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence in the judgment of the court of first and second instance, 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) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc.
1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes for a violation of the Act on the Control of Narcotics, Etc. due to Purchase of Handphones, October 21, 2018, with the largest nature of the crime and circumstances);
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The purchase of a penphone under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection (based on the calculation of an additional collection charge) as stated in paragraph (1) of the judgment below