마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
740,000 won from the defendant.
1. The sentence of the lower court (the first instance court: imprisonment with prison labor for one year and two months, additional collection of 640,000 won, and the second instance court: imprisonment with prison labor for six months, and additional collection of 10,000 won) is too unreasonable;
2. Before deciding on the grounds for appeal by the defendant ex officio, the court of first instance and the court of appeal held the defendant jointly with the case of appeal by the court of first instance and second instance. Each offense of the defendant's first and second judgment by the court of second instance is a concurrent offense under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the term or amount of punishment for which concurrent offenses are aggravated under Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, 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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor 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 proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is considerably high, and the defendant was sentenced to imprisonment for the same kind of crime at the Seoul Central District Court on July 7, 2015, ten months, and two years of suspended execution, and again committed the instant crime during the suspended execution period, and the defendant escaped while being investigated at the protective observation office.