마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Nos. 1 through 11 of seized evidence.
1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, confiscation and collection) is too unreasonable.
2. The judgment of the Defendant has a number of criminal records of the same kind, including punishment, and, in particular, on April 25, 2013, the Seoul Northern District Court sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Northern District Court on February 4, 2014, and again committed the instant crime of the same kind only for two months after the execution of the sentence was completed, and the Defendant committed the instant crime of the same kind, which is disadvantageous to the Defendant.
However, in light of the circumstances in which the investigation report was additionally submitted that the defendant led to the confession of all the crimes of this case and reflects his mistake in depth, and that the defendant cooperates in an investigation to arrest the person, etc. who was provided with phiphones in the sense of his intention to cut off narcotics, and other various circumstances, such as the defendant's age, character and conduct, home environment, etc., and the sentencing conditions specified in the records and arguments of this case, the punishment imposed by the court below 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the provision, medication, and possession of phiphones) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. Collection;