마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
400,000 won shall be additionally collected from the defendant.
3.2
1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment and 400,000 won additionally collected) is too unreasonable.
2. Prior to the determination of the Defendant’s ex officio on the assertion of unfair sentencing, Article 3 of the Addenda to the Narcotics Control Act (amended by Act No. 10786, Jun. 7, 2011) amended from June 8, 2012, provides that “where penal provisions (excluding Article 68) apply to acts before this Act’s enforcement, the previous provisions shall apply.”
Since the date and time of committing the crime as stated in paragraph (1) is February 23, 2012, the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) shall apply. The judgment of the court below is erroneous in the application of the amended Act on the Control of Narcotics, Etc. as it is.
The part on the violation of the Act on the Control of Narcotics, etc. (fence) can not be maintained as is.
However, the judgment of the court below is the same.
The violation of the Act on the Control of Narcotics, etc. and the judgment of the court below.
The crime of violation of the Act on the Control of Narcotics, etc. is one of concurrent crimes under the former part of Article 37 of the Criminal Act, and since a single sentence is sentenced, the judgment of the court below shall not be reversed in its entirety.
3. If so, 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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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) 3, Article 4 (1), and Article 2 subparagraph 4 (b) (the point of trade of philopon) of the Act on the Control of Narcotics, Etc. for which the relevant Article of the Act on the Prevention of Criminal Crimes and the Selection of Punishment therefor are applied;