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.
Seized evidence 1.
With regard to the judgment of the court below of first instance (one year and two months of imprisonment, and three years of suspended execution), the defendant files an appeal against the judgment of second instance (one year of imprisonment), and the prosecutor asserts that the punishment is too unfasible, and that the defendant is too unfasible and unreasonable.
Before determining the grounds for appeal by the prosecutor and the defendant, this Court decided to concurrently examine each appeal case against the judgment of the court below. The court below's conviction against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced within the scope of the term of punishment, for which the aggravated punishment for concurrent crimes has been imposed in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the prosecutor and the defendant, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The circumstances favorable to the defendant, such as the fact that he has no record of punishment for the same kind of crime under Article 67 of the Confiscation and Collection of Narcotics Act, and the nature of the crime is good by purchasing a considerable quantity of phiphones or providing them to others several times.