마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
20,000 won from the defendant.
1. Each sentence (the first instance court: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 8 months) declared by the original court on the gist of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the case of appeal was examined ex officio, and the defendant filed each appeal against the judgment of the court below, and the case was tried concurrently in the court of the first instance. As long as each crime committed in the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the court shall concurrently render a judgment and sentence a single punishment. In this regard, the judgment of the court below cannot be maintained any more.
3. In conclusion, 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 argument for sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the facts stated in each corresponding column of the judgment below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding, and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (including the administration of philophones) of the Act on the Management of Narcotics, etc. for the Selection of Criminal Crimes, Article 347(1) of each Criminal Act (the point of fraud) and each sentence of imprisonment with prison labor;
2. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each fraud)
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. Although the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have been favorable circumstances, such as the confession of each of the instant crimes and the violation of the Act, the total amount acquired by deception from the victim L is fully repaid, and the health status is not good, the Defendant has the history of being subject to criminal punishment several times due to the same kind of crimes.