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.
Nos. 1 through 8 of seized evidence.
1. Each sentence of the lower court against the Defendant (No. 1: Imprisonment for 1 year and 2 months, confiscation (No. 1 to 8) and additional collection KRW 100,00, and No. 2 of the lower judgment: Imprisonment for 10 months and additional collection KRW 800,000) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.
Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.
In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first and second judgments, and thus, it is acceptable to accept it as it is 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 Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;
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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The crime of this case, based on the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., was committed by the Defendant by selling approximately 5 g of philophones, administering approximately 0.05 g of philophones, and possessing approximately 3.6 g of philophones.