마약류관리에관한법률위반(향정)등
The part of the judgment of the first instance and the judgment of the second instance against the defendant shall be reversed.
The defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (the defendant and the prosecutor) are too unreasonable and unfair sentencing (the imprisonment of 2 years and 6 months, confiscation, additional collection, and imprisonment of 1 year and 6 months).
2. The judgment of the court below ex officio rendered a separate judgment on each of the offenses against the defendant, but the court below held concurrent trials in the trial, and each of the above offenses is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated at the same time and sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first and that of the judgment of the court of second instance against
3. In conclusion, the part of the judgment of the court of first instance and the judgment of the court of second instance as to the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, and the following decision is rendered through the oral argument.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Relevant criminal facts: Articles 350(1) and 30 of the Criminal Act; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of keeping means of access for the purpose of using a crime); Articles 60(1)2 and 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc.; Article 329 of the Criminal Act; Articles 347-2 and 30 of the Criminal Act; Articles 49(4)2 and 6(3)2 of the Criminal Act; Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of being leased a medium of access); Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act; Article 32(1)2 of the Criminal Act;
1. The purpose of Articles 40 and 50 of the Criminal Code is to use the means of access.