마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
394,00 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 103,000 won; four months of imprisonment, additional collection 291,00 won) determined by the court of the original instance is too unreasonable.
2. Prior to the judgment on the grounds for appeal, we examine ex officio.
The appeal case against the judgment of the court of first instance, No. 2017 No. 332 of this Court, and the appeal case against the judgment of the court of second instance, which is the appeal case against the judgment of the court of second instance, was consolidated in the trial of first 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 Nos. 1 and 2 is reversed ex officio, and the judgment below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, without omitting an 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 summary of evidence are identical to each of the corresponding columns of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) (the point of selling and receiving oponphones) of the Act on the Management of Narcotics, etc., and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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 defendant is making a confession of a crime for the reason of sentencing under the proviso of Article 186(1) of the Criminal Procedure Act.