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 two months.
Seized evidence subparagraph 1 shall be confiscated.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year, confiscation, and collection, and the second instance judgment: imprisonment with prison labor for a year, and collection) of the Defendant is too unreasonable.
2. Prior to the determination of the Defendant’s assertion of unreasonable sentencing, this Court held ex officio each appeal case against the lower judgment jointly and tried, and each of the offenses in the instant case’s holding are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished with a single sentence within the scope of a single sentence under Article 38(1) of the Criminal Act, and thus, the lower judgment cannot be maintained in this regard.
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 and the prosecutor's assertion of unfair sentencing, and it is again decided following the oral argument as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the receipt, delivery, medication, possession, sale, provision, and choice of imprisonment) concerning the crime;
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 Narcotics Control Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. lies in the confession of all of the crimes of this case, and the circumstances that can be taken into account, such as the fact that the Defendant was punished for the crimes related to narcotics, etc. in 198 and was committed 18 years after the Defendant was punished.
However, the defendant is related to narcotics.