마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
The seized white substance shall be the colored substance.
1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment, confiscation and collection) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of which was sentenced, and the defendant filed an appeal against them, and the court of second instance decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the defendant in the judgment of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38(1) of the Criminal Act, the judgment of the court of first and
3. Accordingly, the judgment of the court below is reversed in accordance with 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 identical to each corresponding column of the judgment of the court below. Thus, they are cited 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) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from the violation of the Act on the Control of Narcotics, etc. by Receiving and Receiving the most severe philopon];
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. (Provided, That this shall not apply to the cases where the first instance court already discarded the evidence No. 15 and 17 of the pressure No. 1922-2 of the 2013's Office of Government Prosecutors which ordered confiscation
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection = 100,000 won (per 100,000 won) x 5 times 0.2 x 80,000 won (per 1g of Handphone in Seoul area) ;