마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
17,050,000 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (the punishment imposed by the lower court on the Defendant (the punishment of 4 months before January 17, 2012, and the punishment of 2 years, additional collection of 17,050,000 won) on each of the offenses of violation of the Act on the Control of Narcotics, etc. (the punishment of unconstitutionality) before and after March 23, 2012, is too unreasonable.
2. Ex officio determination
A. On September 20, 201, the lower court determined that the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on November 26, 201 (hereinafter “instant judgment”) and that on February 21, 2012, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on August 20, 201, and that on February 29, 2012, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on February 29, 2012 (hereinafter “the second judgment”). Since the second judgment was related to a crime on June 27, 2010 and was sentenced to a two-yearly sentence before the first judgment, Article 39(1) of the Criminal Act cannot be applied to each of the latter concurrent crimes (the second judgment).
B. The requirements for latter concurrent crimes under the latter part of Article 37 of the Criminal Act, however, it is difficult to accept in full view of the following circumstances, considering that the latter concurrent crimes under the latter part of Article 37 of the Criminal Act with respect to the violation of the Act on the Control of Narcotics, Etc. (psychotropicism) prior to January 17, 2012:
① In other words, the former part of Article 37 of the Criminal Act provides that several crimes, which may concurrently determine punishment at one trial, shall be concurrent crimes (so called “simultaneous concurrent crimes”), and the judgment has become final and conclusive separately, and at the same time, the punishment has become final and conclusive.