마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
7,200,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Before examining the reasoning for the Defendant’s appeal ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for one year on April 28, 2016 for a crime of violation of the Narcotics Control Act in the Daegu District Court Kimcheon Branch of Kimcheon Branch of the Daegu District Court (hereinafter “Seoul District Court”) and on September 28, 2016, it can be recognized that the above judgment became final and conclusive on September 28, 2016. As such, the instant crime is in concurrent crimes with the crime of violation of the Narcotics Control Act (fence) for which judgment became final and conclusive and the crime of violation of Article 39(1) of the Criminal Act after Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment, the lower judgment cannot be maintained.
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.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court is the first head of the lower judgment’s criminal history, and the judgment was finalized on September 28, 2016 on the following grounds: “The Defendant was sentenced to imprisonment with labor for one year for a violation of the Narcotics Control Act in the Daegu District Court Kimcheon Branch on April 28, 2016, and became final and conclusive on September 28, 2016.
“A previous conviction in the judgment of the court below” is added to “a previous conviction in the judgment of the court below: the Defendant’s oral statement, inquiry of summary information of the case, and each entry of each copy of the judgment of the court below are as stated in each corresponding column of the judgment of the court below; therefore, all of them are cited 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 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment, Etc. (the point of the purchase after the night) and the Gu.