마약류관리에관한법률위반(향정)
The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment of 1 year, 5,122,00 won and the second instance judgment: imprisonment of 4 months, 1,800,000 won and the second instance court’s collection) are too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance was consolidated in the proceedings of the court of appeal against the judgment of the court of second instance, which is the case of appeal against the judgment of the court of second instance, with the case of appeal against the judgment of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained as it is.
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, and the judgment of the court of first instance regarding the defendant is reversed, and the judgment of the court of second instance is reversed, and it is again decided as follows after oral argument.
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 Control of Narcotics, etc. under Relevant Acts concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is deemed to have recognized and reflected the instant crime, and the Defendant provided information on other narcotics crimes at the investigation stage, and provided the relevant persons with important investigative cooperation, such as trial progress.