마약류관리에관한법률위반(향정)등
All the judgment of the court below (excluding the part of the compensation order among the judgment of the court below of second instance) shall be reversed.
Defendant
sentence against U.S.
Of the judgment of the court below in the second instance, the second instance court accepted the application for compensation of Defendant A by the applicant for compensation, and pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, when an appeal against conviction is filed, the order for compensation is transferred to the appellate court along with the case of the defendant, and thus, the part of the order for compensation in the second instance judgment
However, there is no statement in the petition of appeal and the statement of reasons for appeal submitted by the defendant A, and even if ex officio examination is conducted, there is no reason to revoke or revise the order.
Therefore, the part of the court below's order for compensation in the second instance is maintained as it is.
Before determining the grounds for appeal by the Defendants ex officio, the judgment of the court below 1, 3 against Defendant U was rendered ex officio, and the judgment of the court below 1, 2, and 3 against Defendant A was rendered, and the Defendants filed an appeal against each of the judgment of the court below. This court decided to hold concurrent hearings of the case of appeal by this court. The two crimes of the judgment of the court below 1, 3 against Defendant U and the judgment of the court below 1, 2, and 3 are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence is imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as they are.
The conclusion of the judgment of the court below (excluding the part on compensation order among the judgment of the court below of second instance) is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' respective arguments of unfair sentencing, and it is again decided following the oral argument as follows.
[Discked reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of each judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
The annexed list of crimes in the judgment of the court of first instance.