마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence subparagraph 1 shall be confiscated.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, confiscation, and surcharge of one hundred thousand won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced on October 7, 2008 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. on December 9, 2009 at the Sungwon District Court's Sung-nam Branch Support, and completed the execution of the sentence on December 9, 2009. Thus, the Defendant is deemed to have committed only the violation of the Act on the Control of Narcotics, etc. on the 1st day of the judgment of the court below, which committed within three years after the date of the execution of the sentence above, and only the crime of violation of the Act
Nevertheless, the court below committed a repeated offense with respect to all of the crimes in its judgment against the defendant, and committed an illegal act that sets forth the applicable sentences. Therefore, the judgment of the court below cannot be maintained any more.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;
1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Criminal Act on the Control of Narcotics, etc. (Article 1 of the Market);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant committed each of the crimes of this case, and reflects the wrongness, liver cancer, liver infection, liveration, and urology.