마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and eight months.
Seoul Central District Public Prosecutor's Office.
1. The summary of the reasons for appeal is that the respective punishment of the court below (the first instance court: imprisonment of 2 years and 6 months, and the second instance: imprisonment of 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, this Court decided to hold a joint hearing of each appeal case by examining the first, second, and second, the first, and second, the defendant's conviction, after having tried the defendant separately, and after having sentenced the defendant to each of the appeals.
However, each of the crimes of the first and second judgment decisions is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment subject to aggravated punishment.
Therefore, each judgment of the court below against the defendant can no longer be maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are all identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each corresponding column of each judgment of the court below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts, and Article 60 (1) 3 of the Act on the Management of Narcotics, Etc. for the Selection of Punishment, Article 30 of the Criminal Act (the point of sale of philopon), Article 60 (1) 2 and Article 4 (1), Article 2 subparagraph 3 (b) (the point of storage and medication of philopon), Article 49 (4) 1 and Article 6 (3) 1 (the point of acquisition of an access medium), each of the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the sum of the purchase price of phiphones is KRW 5,850,000, one time for phiphones;