마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and ten months.
5,744,100 won from the defendant.
1. The summary of the grounds for appeal is that the punishment (one year and four months of imprisonment, additional collection 4,844,100 won; six months of imprisonment and additional collection 90,000 won) determined by the court of the original instance is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The appeal case against the judgment of the court of first instance, No. 2016, No. 4332 of this Court, and the appeal case against the judgment of the court of second instance, was consolidated in the trial of the court of second instance.
Each of the crimes in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act.
Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.
Therefore, the judgment of the court below can no longer be maintained.
3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's explanation of judgment as to the defendant's unfair argument of sentencing.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in the corresponding column of each judgment of the court below. Thus, they are cited in accordance with Article 369 of
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes (Resolution No. 200, July 2015, 2015)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The reason for sentencing in the proviso of Article 186(1) of the Criminal Procedure Act appears to be the confession and reflect of a crime, and the spouse has cooperate with the investigation.