마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
No. 3 of the seized evidence shall be confiscated.
1. Each sentence (No. 1: Imprisonment with prison labor for 3 years and imprisonment for 2 years and 2 months) that pronounced by the original judgment on the gist of the grounds of appeal is too unreasonable.
2. Before making a judgment on the grounds for ex officio appeal, this Court tried by combining each appeal case with the judgment of the court of first instance and the judgment of the court of second instance, and each appeal case with the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses of the judgment of the court of second instance and the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first instance
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 unfair argument about sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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 crime of this case for the reason of sentencing under Article 67 of the Confiscation and Collection of Narcotics Act is that the defendant sells phiphones in several times and its quality is not very good. In light of the addiction and harmful effects of narcotics, it is necessary to strictly punish and eradicate the act of distributing narcotics, and the defendant committed the crime of this case again without being in the period of repeated offense.