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 two months.
60,000 won from the defendant.
1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (the first instance judgment: imprisonment of 1 year and 2 months, additional collection of 500,000 won, and the second instance judgment: imprisonment of 4 months and additional collection of 100,000 won) is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and 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), and Article 2 subparag. 3(b) (the crime of the lower court’s judgment) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)3, and 4(1), and 2 subparag. 4(b) (the crime of Article 2) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)3,
1. Article 35 of the Criminal Act for the aggravation of repeated crimes (as to the crime of the second instance judgment)
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. The defendant has led to the sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc.