마약류관리에관한법률위반(향정)등
The judgment below
Part on the third crime in the judgment shall be reversed.
8 months of imprisonment with prison labor for the third offense against the defendant.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for the crimes No. 1 and No. 2 in the judgment of the court below, and one million won with prison labor for the crimes No. 3 in the judgment of the court below) is too unreasonable.
2. In the case of crimes of Articles 1 and 2 as indicated in the judgment of the court below, when comprehensively considering the favorable circumstances such as the fact that each crime is judged concurrently in relation to the crime of violation of the Act on the Control of Narcotics, etc. and the crime of ex post facto concurrent crimes as indicated in the judgment of the court below, and that the defendant confessions all of the crimes of smoking marijuana at the time of the judgment of the court below, the defendant again commits the crime of smoking marijuana such as the crime of violation of Article 3 as indicated in the judgment of the court below during the suspension of the execution period due to the same kind of crime, and other unfavorable circumstances such as the fact that the crime is less severe and serious punishment is required for the prevention of recidivism, and all the other factors indicated in the records and arguments of the judgment of the court below, the punishment of the crime of violation of Articles 1 and 2 as stated in the judgment of the court below is too unreasonable, but it is judged that the punishment of the crime of Article 3
3. According to the conclusion, the defendant's appeal against the crimes Nos. 1 and 2 in the judgment of the court below is without merit. Thus, the defendant's appeal against the crimes No. 3 in the judgment of the court below is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since the defendant's appeal against the crimes No. 3 in the judgment of the court below is justified
(2) Article 369 of the Criminal Procedure Act applies to the Defendant’s criminal facts and summary of evidence (as to Article 3 of the judgment of the court below), which the court recognizes as the Defendant’s criminal facts and summary of evidence is the same as the corresponding column for crimes No. 3 of the judgment of the court below, and thus, it shall be subject to Article 369 of the Criminal Procedure Act.