마약류관리에관한법률위반(향정)
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than one year and six months.
870,000 won shall be additionally collected from the defendant.
1. The main points of the grounds for appeal are as follows: each punishment (one year of imprisonment) imposed on the accused by the original court is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted 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) of the Act on the Control of Narcotics, Etc. (which was amended by Act No. 10786, Jun. 7, 201) concerning criminal facts, the pertinent provision of the Act on the Control of Narcotics, Etc. (which was amended by Act No. 10786, Jun. 7, 201) and Articles 60(1)3, 4(1), and 2 subparag. 4(b) (the point of sale of writingphones, and the choice of imprisonment) concerning the selection of punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (a person who concurrently commits a crime prescribed in the Act on the Control of Narcotics, etc. (a person who concurrently commits a crime of violation of the Act on the Control of Narcotics, etc. due to the sale of phiphones on June 4, 201
1. Grounds for calculation of the amount of additional collection (850,000 won): 20,000 won (the criminal facts of paragraph (1) 100,000 won) under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.