마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one hundred months of imprisonment and additional collection) is too unreasonable.
2. All of the judgment on the grounds of appeal was detected by the Defendant’s scopphones from the Defendant’s scopphones and hairs, the Defendant’s history of punishment for the violation of the Act on the Control of Narcotics, Etc., and narcotics-related crimes resulted in debrisoning an individual, home, and society due to their scopic and toxicity, and need to be punished strictly in that they are social phenomena beyond the individual criminal act.
However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and actively cooperates in the investigation: (b) the Defendant’s age, character and conduct, health conditions, health conditions, environment, motive and background leading up to the instant crime; (c) means and consequence leading up to the instant crime; and (d) the Defendant’s parents wanting to support the Defendant’s wife and endeavor to improve the Defendant’s character and conduct; (d) the nine years have elapsed since the date of the last punishment; (e) disclosure of the route of purchase of phiphonephones and actively cooperates in the investigation; and (e) the Defendant is currently being treated after surgery due to an accident beyond the floor after the prosecution; and (e) other all the sentencing conditions as shown in the argument and the record of the instant case, such as the circumstances after the crime, are somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by this Court and the summary of the evidence are all the same as the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;