마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for each of the crimes of 2019 order378 at the time of the original adjudication.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the court below denied the crime of 2019 Godan3778 at the court below, and led to the confession of the whole crime at the court below, and the defendant's cooperation in investigation submitted a reference report to the fact-finding by the Ulsan Metropolitan City Police Agency, Ulsan Metropolitan City.
Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.
3. The judgment of the court below is reversed, and the following is decided after pleading.
[Discied Judgment] Summary of Criminal facts and Evidence / [2019 order3778] 1. It is as stated in each corresponding column of the judgment of the court below, except for addition of the defendant's oral statement in court.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (each offense of 2019 order378 at the time of original adjudication and each offense of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.");
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A crime under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., [the proviso to Article 67 of the Act on the Control of Narcotics, Etc., [the crime: KRW 100,000 (1) 400,000 (2) ] 3.50,000 won (3) = 8.50,00 won, and a crime under Article 2019 high-class5412: KRW 100,000 (1) = 300,00
1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act and all of the sentencing conditions indicated in the record shall be determined in consideration of the provisional payment order.