마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Three vaccinations (No. 1) shall be made for a time seized.
1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.
2. Ex officio determination
(a) Where seized articles are not present at the time of pronouncement of the judgment, or seized articles have already been destroyed pursuant to Articles 130(2) and (3) and 219 of the Criminal Procedure Act, a court cannot pronounce confiscation of such articles.
(Supreme Court Decision 2012Do4182 Decided June 14, 2012; Supreme Court Decision 2009Do6982 Decided January 28, 2010; Supreme Court Decision 2010Do3420 Decided July 15, 2010). B.
According to the records, since the court below's white decision (Evidence Nos. 3 and 4) which was contained in each disposable injection ordered confiscation can be recognized as having been already discarded prior to the judgment of the court below, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is 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) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the purchase of philopon, medication, and possession of philopon), and selection of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Control of Narcotics, etc. due to the purchase of heavy penphones) among concurrent crimes;
1. Reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;
1. In light of the fact that the Defendant is under the same age and sentence, and the crimes related to narcotics are likely to cause harm and recidivism, so it is necessary to strictly punish the Defendant.