마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by eight months of imprisonment.
16 million won from the defendant.
1. The sentence imposed by the lower court (one hundred months of imprisonment, additional collection of ten million won) is too unreasonable.
2. The crime of this case is that the defendant administered a philophone that he purchased over several occasions, and the nature of the crime is not good in light of the frequency of the crime and the quantity of philophones administered. Such philophones purchase and medication need not only to avoid the body and mind of an individual due to their crypology, toxicity, and radio wave, but also to strictly punish the crime because it is highly likely to harm the public safety and cause relevant crimes. The defendant has a record of being sentenced to suspended execution due to the criminal facts that he smoked marijuana in the past.
On the other hand, the fact that the defendant properly recognizes and reflects his mistake, especially the defendant voluntarily surrenders to the period of special self-denunciation of narcotics crimes, and actively cooperates in the investigation, the defendant appears to have caused the crime of this case by the recommendation of C, a four-way ship, and the defendant has been punished for the same kind of crime in the past, but this is the fact that the defendant had been punished for the same kind of crime in 2002, and there is no other special criminal power.
In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
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.
[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Each relevant Article of the Act concerning criminal facts;