마약류관리에관한법률위반(향정)
The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.
The defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 2 years, and imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.
2. Before making a judgment on the grounds for ex officio appeal, this Court tried by combining each appeal case with the judgment of the court of first instance and the judgment of the court of second instance, and each appeal case with the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses of the judgment of the court of second instance and the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first instance
3. According to the conclusion, since the part of the judgment of the court of first instance and the judgment of the court of second instance as above are reversed ex officio, the above judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column 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. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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. The crime of this case for the reason of sentencing under Article 67 of the Confiscation and Collection of Narcotics Act is the case where the defendant purchased a large quantity of phiphones through China, sold a large number of phiphones to many unspecified persons through SNS, and the defendant also administered phiphones, and there is a need to eradicate the act of distributing narcotics, such as the crime of this case, in light of the addiction of narcotics and the harm caused by administration of narcotics, etc., and the amount of narcotics handled by the defendant is weak.