마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence No. 1 (the Suwon District Public Prosecutor's Office.)
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records, the defendant was sentenced to imprisonment on January 10, 2018 by the Seoul High Court for a violation of the Act on the Control of Narcotics, etc. on January 10, 201, and the above judgment became final and conclusive on the 18th of the same month.
Therefore, each of the crimes in the judgment of the court below against the defendant is a concurrent crime with the above violation of the Act on the Control of Narcotics, etc., for which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act is a concurrent crime with the latter part of Article 39 (1) of the Criminal Act, and a punishment shall be determined in consideration of equity and the same at the same time pursuant to the main sentence of
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
[Judgment] The summary of facts constituting a crime and evidence recognized by this court was sentenced to imprisonment with prison labor and six months on January 10, 2018 by the Seoul High Court for the violation of the Narcotics Control Act, etc., and the judgment on the 18th of the same month became final and conclusive on January 18, 2018.
“A previous conviction in the judgment of the court below” (as indicated in the judgment below No. 1 and No. 3) and “a reply to a reply, such as the Defendant’s oral statement, criminal history, etc. (A)” at the bottom of “a summary of evidence” of the judgment of the court below No. 4 (as indicated in each corresponding column of the judgment of the court below, except for addition of the fourth to fourth to fourth (the fourth to fourth to fourth) and each addition, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2 of the Act on the Management of Narcotics, Etc., of which the relevant Article of the Act on Criminal Facts and the Selection of Punishment are applicable.