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.
400,000 won from the defendant.
For the reasons of appeal, the defendant asserts that the punishment of each judgment of the court below (ten months of imprisonment, each additional collection of 200,000 won) is too unreasonable, and the prosecutor asserts that the punishment of the judgment of the court of first instance is too uneasible and unfair.
Defendant
In addition, prior to the judgment of the prosecutor's grounds for appeal, this Court decided to concurrently examine each appeal case against the judgment of the court below. The judgment of the court below that found the defendant guilty is all concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment, which increased concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the above grounds for reversal of authority. The judgment of the court below is reversed ex officio, and it is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are all the same as the corresponding columns of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. There are extenuating circumstances, such as the fact that the defendant's health is not good for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and the fact that the defendant has been punished 12 times as punishment for the same kind of crime, and in particular, it is too long to release the defendant from the office.