마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
20,000 won from the defendant.
1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for one year and additional collection; imprisonment with prison labor for two years; and imprisonment with prison labor for four months) declared by the lower court is too heavy.
2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.
Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
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 unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is decided through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in 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 legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding, and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Imprisonment with prison labor, 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) A Class 1 crime (a) [the scope of a recommended punishment] 3 types of crimes (b) in the area of aggravation (one year to three years) in the area of aggravation (one year to three years), such as the medication, simple possession, etc. (a person subject to special aggravation) / a suspended sentence for three years or less);
B. Class 2 Crimes (Inflictings) [Scope of the Punishment of Bodis] General Bodily Injury (General Bodis) (from April to January 1), the basic area (no person in special sentencing) (no person in special sentencing)
(c)in accordance with the increase of multiple offenses.