마약류관리에관한법률위반(향정)
Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed, respectively.
Defendant
A shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of KRW 1-year; imprisonment of KRW 6,527,640; imprisonment of KRW 2-year; imprisonment of KRW 1,550; imprisonment of KRW 1,550,000; imprisonment of KRW 1 year; suspension of execution; imprisonment of KRW 2 years; observation of protection; community service work hours of KRW 120,000; imposition of KRW 120,000) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal with respect to Defendant A, Defendant A filed an appeal against the judgment below, and this court decided to hold concurrent hearings with respect to all the above appeal cases. Each of the judgment below against Defendant A is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant A among the judgment below is no longer maintained.
3. Considering the fact that Defendant C made a judgment on the unfair argument of sentencing of Defendant C’s crime, and there is no criminal record of the same kind of crime, the crime of this case is not limited to the administration of a philopon to the third party by Defendant C, and it is not good that the crime of this case is committed, and the number of times of the crime is not high, and there is a number of times of criminal punishment, including the crime of this kind, to Defendant C, and other various circumstances that are conditions for sentencing, such as Defendant C’s age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment of the lower court is too unreasonable.
4. As such, the part against Defendant A and the part of the judgment of the court below in the judgment of the court of first instance are reversed ex officio. Thus, the judgment of the court below on this part of the judgment of the court below is reversed without examining the Defendant A’s unfair argument about sentencing, and it is again reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it