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.
The District Prosecutors' Office, which has been seized.
1. The summary of the grounds for appeal (Article 1: 1 year and 6 months of imprisonment, confiscation, additional collection, and the second judgment: imprisonment with prison labor and 1 year and 6 months), which are sentenced by the court below, is too unreasonable.
2. Prior to the judgment on the grounds of appeal for the judgment, the court below rendered a decision not to apply the case of concurrent crimes under Article 38 of the Criminal Act as a result of a separate examination of the defendant, and the defendant filed an appeal against each judgment of the court below, and the court of the court of the first instance decided to concurrently examine the above two cases. Each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.
3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 21 (1) of the Punishment of Arrangement of Commercial Sex Acts, Etc., Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the same Act, each of the choice of punishment for an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;
1. Legal penalty;