마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
The defendant shall be punished by imprisonment with prison labor for not less than two years, and shall be sentenced to a trial for the crimes of Articles 1 through 9, and 11.
1. The summary of the grounds for appeal is too unreasonable that each punishment (two years of imprisonment with prison labor for crimes Nos. 1 to 9 as indicated in the holding of the court below, and ten years of imprisonment with prison labor for crimes No. 10 as indicated in the holding of the court below, and six months of imprisonment with prison labor) imposed on the defendant is too unreasonable
2. Ex officio determination
A. According to the legal principles as to additional collection (the court below's judgment) and the records of this case, the defendant was sentenced to one year of imprisonment on June 12, 2010 with prison labor on the grounds of violation of the Act on the Control of Narcotics, Etc. (fence), in the Seo-gu District Court's branch branch court on June 4, 2010, and the judgment was finalized on June 12, 2010. On April 20, 201, the Daegu District Court sentenced four months of imprisonment with prison labor on April 28, 201 and confirmed the fact that the judgment became final and conclusive on April 28, 201. As such, among each of the above crimes for which the judgment became final and conclusive and the violation of the Act on the Control of Narcotics, etc. (fence) under paragraph (10)
This is the same as in the case of additional collection, as well as imprisonment with prison labor, which is a principal penalty, and the lower court erred by not distinguishing collection of the violation of the Act on the Control of Narcotics, etc. (fence) from collection of additional collection of the violation of the Act on the Control of Narcotics, etc. (fence) in Article 10 of the judgment of the lower court prior to the conclusion of each judgment
B. As long as the crimes of Articles 1 through 9 and the former part of Article 37 of the Criminal Act are concurrent crimes as stated in the judgment of the court of first instance among the crimes of each of the judgment of the court of first instance that are judged by the judgment of the court of first instance, the crimes of Articles 1 through 9 and the former part of Article 37 of the Criminal Act shall be judged and sentenced to a single punishment. In this regard, the crimes of Articles 1 through 9 and 2 of the judgment of the court of first instance
C. Ultimately, the judgment of the court below was no longer maintained due to the above reasons.
3. Accordingly, the judgment of the court below is ex officio.