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.
No. 1 of the evidence seized by the defendant.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is an unfavorable circumstance such as the Defendant’s issuance of phiphonephones to another person, the crime of this case is deemed to have been administered twice, and the nature of the crime is not good, and there is a need to strictly punish and eradicate narcotics in light of the toxicity of narcotics and the harmful effects of the medication of narcotics, and the Defendant committed the crime of this case without any reflectivity during the period of repeated offense.
However, there are more favorable circumstances such as the fact that the defendant confessions all of the crimes of this case in the court of original judgment and reflects his mistake, that the amount of narcotics handled by the defendant is not large, and that it does not seem to have acquired special benefits from the concurrent crimes, and that the crime of this case is in the relation of special injuries in the judgment of original court and the group's concurrent crimes after Article 37 of the Criminal Act, which became final and conclusive, and at the same time, the punishment should be determined in consideration
In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below is too unreasonable.
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 with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court is as stated in the corresponding column of the judgment of the court below, except in the case where each of the 12 behaviors and 15 behaviors in the 2th page of the judgment below's 2nd page of the judgment below's 2nd page of the 15th page of the 2nd page of the judgment below's 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. as well as the Selection of Punishment for Crimes;