마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
20,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. Each sentence (the first instance judgment: imprisonment with prison labor for 6 months, and second instance: imprisonment for 2 months) declared by the public prosecutor in the original instance is deemed to be too uneasible and unfair.
B. Each sentence of the lower court rendered by the Defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal, each of the appeals cases was tried jointly by the prosecutor and the defendant, as well as by filing each appeal against the judgment of the court below. As long as each of the offenses listed by the judgment of the court below is in the concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a sentence should be imposed. In this regard, all of the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the facts stated in each corresponding column of the judgment below. Thus, all of them are accepted 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 Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 1, Article 60 of the same Act on the Management of Narcotics, etc.
2. Article 35 of the Criminal Act for aggravated repeated crimes;
3. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1) shall apply;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant, who led to the confession of the crime of this case, and the crime of this case is concurrent crimes with the crime of violation of the Act on the Control of Narcotics, etc., for which the judgment has become final and conclusive.