마약류관리에관한법률위반(향정)
The judgment of the court of first instance and the judgment of the court of second instance are all reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence 1,8, 8.
1. The summary of the grounds for appeal (unfair sentencing: imprisonment of 1 year and 2 months, additional collection, and 2: imprisonment of 1 year and 1 year and 1 year, confiscation, and additional collection) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold two appeals jointly. The crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.
3. In conclusion, the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed, and the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the judgment of the court of first instance and the judgment of the court of second instance, and thus, it is acceptable to accept them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
1. Article 35 of the Criminal Act for aggravated repeated crimes (each of the crimes under paragraph (1) of the judgment of the court below, and the crimes under paragraph (2) of the judgment of the court below, 2016 order 2307 order of the court below)
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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the amount of KRW 600,000,000,000,000,000,000,000,000,000 won per penphone under paragraph (2) of Article 1 of the judgment of the court below] 1.