마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.
2. According to the records of this case’s ex officio determination, the Defendant, at the Seoul Central District Court on July 24, 2014, sentenced one year of imprisonment and seven million won of additional collection as a result of a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Central District Court on July 24, 2014, can be recognized as the fact that the said judgment
The crime of violation of the Act on the Control of Narcotics, etc. and the crime of this case, which became final and conclusive, shall be determined in consideration of equity and equality in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the lower court which
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as shown in the corresponding column of the judgment below, except for adding "the defendant was sentenced to one year of imprisonment and seven million won as a result of the violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court on July 24, 2014, and such judgment became final and conclusive on December 5, 2014" to "the facts constituting the crime and the summary of the evidence as stated in the corresponding column of the judgment of the court below." Thus, it is cited as it is in accordance with
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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, led to the confession of each of the crimes in this case.