마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
A disposable dys who have been seized.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the first, second, and second, the first, and second, the court tried the defendant separately and tried the defendant, and sentenced him to each of the judgment below, and the defendant appealed each of the judgment below against the first and second, and the court decided to jointly examine the above two appeals cases.
However, in the case of each crime of the first and second judgment, each crime of concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained any more.
3. If so, 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 assertion of sentencing, and it is again decided as follows, after the pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the facts stated in each corresponding column of the judgment below, 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)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and Article 30 of the Criminal Act (Article 30 of the Criminal Act shall be limited to four times in the number of crimes No. 1 attached to the judgment below, purchase and medication of each penphone, and choice of imprisonment with prison labor);
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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [2.3 million won = (2.5 million won x 3 times, and 1,000 won (No. 50,000 won x 1,000 won x 3 times, No. 400,000 won in attached Table 1 through 3) of the judgment of the court below (No. 50,000 won x 3 times, and 2 of the judgment of the court below)];
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act shall be recorded and arguments are presented.