마약류관리에관한법률위반(향정)
Each part of the judgment of the court below against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
evidence of seizure.
1. The summary of the grounds for appeal (the first instance court: the imprisonment with prison labor for Defendant A; the imprisonment with prison labor for Defendant B; the imprisonment with prison labor for Defendant B; and the second instance court: the imprisonment with prison labor for Defendant A) is too unreasonable.
2. Ex officio determination
A. First, as Defendant A filed an appeal against each judgment of the court below, each appeal case was consolidated and tried in the court of the first instance. However, as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render judgment and sentence a single punishment. In this regard, each part of the judgment of the court below against Defendant A among the judgment of the court below cannot be maintained.
B. In addition, among the judgment of the court of first instance, the sum that the court of first instance should collect from Defendant A is the sum of KRW 8,650,000 as follows:
Nevertheless, the first instance court collected the amount exceeding the above additional collection amount. In so doing, the lower court erred by misapprehending the legal principles on additional collection, thereby adversely affecting the conclusion of the judgment.
Of the judgment of the court below in the first instance, the basis for the calculation of an additional collection charge against Defendant A: 8,650,000 won in total: [201 high group 3016] as stated in the judgment of the court below [201 high group 30,016] - Decision of the court below in the first instance [201 high group 3655] - Decision of the court below in the first instance (201 high group 3655] - [201 high group 5917] - 5,000 won (total amount of the actual amount of the penphone sales toM): 300,00 won (total amount of the penphone sales toM): - 130,000 won (three minutes of the cellphone sales) - [201 high group 6209: 600,000 won (market price of Qphone sales)
3. The judgment on the grounds of appeal by Defendant B had the record of punishing three times for the crime of the same kind of narcotics, but the Defendant committed the crime of this case at another time, and the crime of this case by the said Defendant was purchased four times on the penphones, and was administered five times on the five occasions, and other unfavorable circumstances such as the fact that the number of times of the crime is high.