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 two months.
except that from the date of this judgment.
The defendant asserts that the punishment of the judgment of the court below (Article 1: 1 year of imprisonment, 2 years of suspended execution, 6 months of imprisonment and 2 years of suspended execution, etc.) is too unreasonable considering the fact that the defendant reflects the reasons for appeal and reflects depth as the reasons for appeal.
Before determining the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The court below's conviction against the defendant is all concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment where the aggravated punishment for concurrent crimes is aggravated in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
Therefore, the judgment of the court below is reversed ex officio under 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 entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Narcotics Control Act (in the case of the smoking of marijuana), Article 61 (1) 4 (b), Article 61 (1) 4 (b), Article 3 subparagraph 10 (a) of the Narcotics Control Act (in the case of the smoking of marijuana), Article 61 (1) 4 (b), and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc., and
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing);
1. Probation under Article 62-2 of the Criminal Act;