마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
In 2016, the Suwon District Prosecutors' Office that has been seized.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance court: the imprisonment of six months, the second instance court: the imprisonment of one year and two months: the imprisonment of one year and two months: the imprisonment of one month) is too unreasonable.
B. The Prosecutor’s first instance court’s imprisonment (six months of imprisonment) is too unhued and unreasonable.
2. The health team, the first instance court, the second and the third instance court, ex officio, sentenced the defendant to a judgment in six months of imprisonment, one year and two months of imprisonment, and one month of imprisonment, respectively, after completing a separate hearing against the defendant.
As to each of the above judgment below, the prosecutor filed an appeal against the first judgment, and the trial court decided to review the appeal case together with the third judgment.
However, each of the crimes of the court below 1, 2, and 3 should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act due to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, all of the judgment below should be reversed.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining each of the grounds for reversal of authority as seen earlier.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first, second, and third original judgment, 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. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics, etc., Articles 60 (1) 1 and 2 of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 (10) of the Act on the Control of Narcotics, etc
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;