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The judgment below
Part concerning the first and second crimes in the judgment shall be reversed.
A person shall be punished by imprisonment with prison labor for the first and second crimes against the defendant.
Reasons
1. The summary of the grounds for appeal (the imprisonment of eight months with prison labor for the crimes No. 1 and No. 2, and the imprisonment of ten months with prison labor for the crimes No. 3, etc.) declared by the court below is too unreasonable.
2. Determination
A. As to the crime Nos. 1 and 2 of the holding, the Defendant reversed his/her statement during the investigation process with respect to C, which traded with himself/herself and merpters (hereinafter “prophonephones”), and caused confusion in the investigation, and the nature of the crime is recognized to have been grave, such as making a false testimony at the criminal trial with respect to C, and the Defendant confessions the crime of this case and reflects his/her depth of mistake. On August 31, 2012, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for violating the Act on the Control of Narcotics, Etc. at the Busan District Court's Dong Branch Branch, Busan District Court on June 6, 2013, and the judgment became final and conclusive on June 6, 2013. The crime Nos. 1 and 2 of the holding in this case is related to the two concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the equity should be considered at the same time with respect to the case under Article 39(1) of the Criminal Act.
B. The judgment on the crime No. 3 in the holding is recognized that the defendant led to the confession of the crime of the instant phiphone medication and reflects his mistake, and that the defendant provided information to an investigative agency about the crime of the instant phiphone medication to cooperate with the investigation.
However, prior to the instant crime, the Defendant had already been punished for several crimes related to narcotics, and in particular, the Defendant, as the last punishment, was sentenced to imprisonment with prison labor for not less than two years on August 31, 2012 for the violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment on June 6, 2013 became final and conclusive.