마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
6,186,00 won from the defendant.
1. The summary of the grounds for appeal (unfair sentencing: 1 year and 703,00 won in imprisonment, and 2 year and 5,483,00 won in imprisonment) declared by the original court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and both the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of each of the above appeal cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.
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.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the possession of a scopon administered by scopon), Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act (the point of possession of a scopon administered by scopon), Articles 61(1)6 and 4(1)2 (the point of possession of a scopon smoke) of the Act on the Control of Narcotics, etc., and each choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.