마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The evidence Nos. 1 and 2, seized, from the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment, confiscation) is too unreasonable.
2. Before determining the Defendant’s grounds for appeal, the records of this case revealed that the Defendant, at the Seoul Central District Court on February 13, 2014, sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and confirmed the facts that the said judgment became final and conclusive on August 14, 2014. As such, the crime for which a judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined after considering equity in the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether mitigation or exemption of punishment is to be mitigated or exempted. Thus, the lower judgment cannot be maintained
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant is a person who was sentenced by the Seoul Central District Court on February 13, 2014 to ten months for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Central District Court on February 13, 2014 and on August 14, 2014, and the above judgment became final and conclusive on August 14, 2014,” and “1. In addition to the summary of the evidence,” and each written judgment are the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The accused for sentencing under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics and Article 48(1)1 of the Criminal Act.