마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
569,000 won shall be additionally collected from the defendant.
3.2
1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment and additional collection) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The Defendant, at the Suwon District Court on January 25, 2019, sentenced two years to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and the judgment becomes final and conclusive on October 1, 2019. The Defendant’s each crime and the above violation of the Act on the Control of Narcotics, etc., which became final and conclusive on October 1, 2019, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced to punishment for each crime under the judgment of the lower court in consideration of equity in cases where the judgment is concurrently rendered under
Therefore, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court, and the summary of evidence, are the same as that of the judgment of the court below, except that the whole criminal records are advanced as follows. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
On May 4, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Suwon District Court's Sungnam Branch, and completed the execution of the sentence on November 2, 2017 in the 1st correctional institution in the Gyeongbukbuk Branch, and on January 25, 2019, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court's Suwon District Court's on October 1, 2019, and the judgment became final and conclusive.
Application of Statutes
1. Article 60 (1) 2 and Article 4 (1) of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;