마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Five vaccinations (No. 1) shall be made for one-time seizure.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and two months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant again committed the instant crime even though he had had had been punished several times for the same crime before the instant crime, the instant crime includes not only the phiphone medication but also the phiphone delivery crime, and that the Defendant additionally committed the crimes indicated in Articles 3 and 4 of the lower judgment, even though he was prosecuted for the crime indicated in Articles 1 and 2 of the Criminal Act as indicated in the lower judgment, it is necessary to strictly punish the Defendant.
However, in light of the following circumstances: (a) the Defendant led to the confession of all of the instant crimes and reflects his mistake; and (b) the Defendant appears to have not committed the instant crime by administering psychotropic drugs, etc. until he prevented each of the instant crimes until he was punished for committing a violation of the Act on the Control of Narcotics, Etc. in 2003; (c) the Defendant cooperatedd with the investigation into the instant crime by narcotics criminal and public officials; and (d) other circumstances that form the conditions for sentencing specified in the record and pleadings, such as the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Imprisonment with prison labor for the delivery and administration of phiphonephones and for the purpose of administration under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for a crime;