마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
Nos. 2, 3, of seized evidence.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one and half years of imprisonment, and six months of imprisonment) pronounced by the court below (the court below's judgment of first instance) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was rendered to the defendant, and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint trial with each of the above two appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, so it cannot be maintained in all of
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 assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, the summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below. Thus, it is cited as
Application of Statutes
1. Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2, Article 329 of the Criminal Act, Article 230 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Act on the Management of Narcotics, etc., by which the relevant criminal facts are applicable, and Articles 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., by which the relevant criminal facts are applicable, and the choice of punishment is applicable;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (No. 1) 0.25g (No. 1) is the investigation process.