마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
80,000 won shall be additionally collected from the defendant.
3.2
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unreasonable as the punishment imposed by the court below (the punishment of 8 months and 800,000 won) is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of appeal by authority, the records of this case reveals that the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on August 30, 2018 and on September 7, 2018, and the said judgment became final and conclusive on September 7, 2018.
Thus, the crime of violation of the Act on the Management of Narcotics, etc. in this case committed before the above judgment becomes final and conclusive and the crime of violation of the Act on the Management of Narcotics, etc. in which judgment became final and conclusive, etc. in relation to concurrent crimes after Article 37 of the Criminal Act, and Article 37 of the Criminal Act should be applied only after Article 39 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. Thus, 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 of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is added to the following parts of facts constituting an offense and the summary of evidence, and the summary of evidence added to the summary of evidence “1. A previous offense and inquiry of a case (Seoul Central District Court 2018No. 1540)” as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
On August 30, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the part of the Defendant, and the said judgment became final and conclusive on September 7, 2018.
Application of Statutes
1. Article 60(1)2 of the Act on the Selection and Management of Narcotics, Etc. and Articles 4(1)1 and 2 subparag. 3(b) of the same Act concerning criminal facts, and the Criminal Act.