마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1,900,000 won shall be additionally collected from the defendant.
1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.
2. The judgment of the court below, despite the fact that the defendant committed the crime of this case again during the period of repeated crime, is found to have committed the crime of this case, but the defendant was aware of and against the time of the crime of this case. The defendant voluntarily reported his crime to the police station and voluntarily surrenders himself to the police station, and there was active cooperation in investigation. In addition, taking into account the defendant's age, character and conduct, family environment, circumstances leading to the crime of this case, results, and various sentencing conditions shown in the records and arguments of this case, such as the circumstances before and after the crime, the punishment of the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the selection of a sentence, and the choice of imprisonment with labor
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, those who have purchased approximately 1.1g of penphones around May 7, 201, from among concurrent crimes, under the former part of Article 37, Articles 38 (1) 2, and 50 of the Criminal Act (one-way concurrent crimes of the Act on the Control of Narcotics, etc. (one-way concurrent crimes) and committed a violation of the Act on the Control of Narcotics, etc.;
1. The proviso to Article 67 of the Narcotics Control Act;