마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 1, 5,6.
1. The appellate court's respective punishment (the first instance court: imprisonment of two years and six months, confiscation of seized articles, collection of KRW 3.2 million, and collection of KRW 2 million: Imprisonment of two months, and KRW 100,000) is too unreasonable;
2. On its own initiative, this Court held a concurrent hearing of each appeal case against the judgment of the court below, and since each of the above crimes committed in combination constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one of the above crimes shall be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below which sentenced a separate sentence against the defendant cannot be maintained in this point.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., and Article 2 subparag. 3(b) of the same Act (the receipt, medication, possession, and mediation of purchase and sale of philopon), Article 230 of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act (the receipt of philopon by an open offering), each decision of imprisonment;
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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant recognized the crime of this case and repented his mistake.