마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
The District Prosecutors' Office that has been seized.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year and six months, confiscation and collection, and the second instance judgment: imprisonment with prison labor for a period of six months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The Defendant filed each appeal against the judgment of the court below in the first and second instances, and this Court decided to consolidate each appeal against the judgment of the court below in the first and second instances.
The first and second crimes against the defendant in the judgment of the court below shall be sentenced to one punishment within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, as they are concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court of first and second instances which sentenced a separate sentence against the defendant cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that the Criminal facts recognized by the court and the summary of the evidence are identical to the facts of the crime and the summary of the evidence.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Regulation of Relevant Acts and the Management of Narcotics, Etc.) concerning facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury);
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.