마약류관리에관한법률위반(향정)
1. Of the judgment of the court below, the part concerning the first crime and the second-B to D of the judgment shall be reversed.
Defendant .
1. The summary of the grounds for appeal (the provisional crime of No. 2 in the original decision: the fine of KRW 1,000,000, the first crime of the decision of the original court, and the second-b to D crime of the decision of the original court: imprisonment of ten months) is too unreasonable.
2. Determination
A. The part concerning the provisional crime of Article 2 of the judgment of the court below as to this part of the judgment of the court below is not unreasonable since the court below selected a fine and decided a sentence in consideration of equity in the case where the judgment of the court below is to be rendered simultaneously with the crime for which the judgment of the court below
The appeal by the defendant against this part shall be without merit.
B. In view of the fact that the investigation report (related to investigation cooperation) to the effect that the Defendant, as a result of actively cooperating with the arrest of the investigation agency, brought two narcotics-related crimes as a result of the Defendant’s active cooperation in the arrest of the narcotics-related criminal, is submitted at the trial, the sentence of the lower court is somewhat unreasonable.
Therefore, the defendant's argument on this part is justified.
3. Conclusion
A. Part concerning the provisional crime of Article 2 of the decision of the court below: The appeal on this part shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
B. Part concerning the crime No. 1 and the crime No. 2-B through D in the judgment of the court below: pursuant to Article 364(6) of the Criminal Procedure Act, this part of the judgment below is reversed, and it is again decided as follows.
[Dao-written judgment (the part concerning the crime No. 1 and No. 2-b through D in the original judgment)] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are the same as that of each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Collection;