마약류관리에관한법률위반(향정)
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The seized No. 5 contained therein.
1. Each sentence sentenced by the first and second instances of the grounds for appeal (the first instance court: imprisonment for a term of four years, confiscation, 360,000 won, second instance court: imprisonment for a term of three years, and 330,000 won) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The judgment of the court below in the first and second instances was sentenced to each of the defendants, and all of the defendants appealed, and the court decided to merge the above cases with all of them.
Each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in its entirety.
3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act concerning criminal facts (the sale, purchase, receipt, medication, and the purchase, provision, and administration of X posters; January 19, 2017; January 20, 2017; Article 30 of the Criminal Act regarding the provision of each penphone on February 28, 2017; Article 61(1)5, Article 4(1)1, and Article 2 subparag. 3(d) of the Narcotics Control Act (the purchase of GH); Article 61(1)3, Article 61 subparag. 1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Article 8(1), Article 6(2)1, and Article 6(3)4(b) of the Act on the Management of Narcotics, Etc.