마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
2.60,000 won shall be additionally collected from the defendant.
1. The punishment of the original court (one year of imprisonment and additional collection) shall be too large and unreasonable;
(2) The defendant clearly withdraws his assertion of misunderstanding of facts and misunderstanding of legal principles on the date of the first trial of the trial of the court.
According to Article 153 of the Criminal Act, when a person who has committed perjury under Article 152 of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action on the said case becomes final and conclusive, the punishment shall be mitigated or remitted.
According to the records, the defendant led to the confession of the crime of perjury in the court below, and the fact that the court of final appeal in the case No. 2015Da12027 delivered by the defendant is being pending in the court of final appeal is obvious in
Therefore, despite the necessity of mitigation or exemption of the defendant's punishment under Article 153 of the Criminal Act, the court below's omitted judgment erred by misapprehending the legal principles, which affected the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 152 (1) of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor;
1. Articles 153 and 55(1)3 of the Criminal Act (i.e., perjury as stated in the judgment since it was a confession) that statutory mitigation has been mitigated
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;