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 six months.
Seized evidence 1, 1.
1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 6 months) declared by the lower court is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the grounds of ex officio reversal and the defendant's allegation of unfair sentencing, and it is again decided after oral argument as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as stated in the summary of the evidence as to facts of No. 1 of the judgment of the court of first instance, and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for the alteration to the court statement of the defendant No. 1 of the court of first instance. Thus, all of them are cited in accordance with Article
Application of Statutes
1. Relevant Article of the Criminal Act, Article 152 (1) of the Criminal Act (the points of perjury), Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the points of sale, delivery, medication, and possession of philopon) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor, respectively;
1. Article 152(1) of the Criminal Act for mitigation of confessions;
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. Paragraph 2 of Article 67 of the Act on the Management of Narcotics, Etc., among the original judgment of Article 67 of the Act on the Management of Narcotics, Etc., and Paragraph 1 of the same Article.