beta
Text
All judgment of the court below shall be reversed.
Defendants shall be punished by imprisonment for one year.
Defendant
A 680,000 won;
Reasons
Summary of Grounds for Appeal
A. The respective punishment (Article 1: 1 year of imprisonment, 2 year of suspended execution, community service, 120 hours of collection, 20 hours of collection, and 6 months of imprisonment and collection) that Defendant A sentenced to the Defendant is too unreasonable.
B. The punishment (one year of imprisonment and additional collection) imposed on Defendant I by the second judgment of the court below is too unreasonable.
Article 3 of the Addenda to the Narcotics Control Act, which was amended by Act No. 10786 on June 7, 2011 and enforced on June 8, 2012, provides that "where penal provisions (excluding Article 68) apply to the acts before this Act, the previous provisions shall apply." Of the criminal facts in the judgment of the court below in the second instance, each of the criminal facts in the judgment of the court below in the second instance is committed between March 2010 and April 11, 2010, since the date and time of the crime was committed on March 2010 and April 201, the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) shall apply. Since the amended Act on the Control of Narcotics, Etc. was applied, the part of the crime in the judgment of the court below which became null and void.
However, the part on each of the crimes in the second instance judgment and the part on the remaining crimes in the second instance judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and since the Defendants were sentenced to a single punishment, the second instance judgment cannot reverse the whole of them.
On the other hand, the first and second original courts rendered a judgment after completing separate hearings against the defendant A, and the defendant A filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. The crimes of the first and second original courts against the defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act.