마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
10,000 won shall be collected from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and two months) of the lower court against the Defendant is too unreasonable.
2. The judgment on the grounds for appeal is highly harmful to the society due to the gravity, toxicity, possibility of linking to other crimes, etc.
Therefore, it is recognized that it is necessary to impose severe punishment.
Defendant had been punished for a drug crime even before, and committed each of the crimes of this case during the repeated crime period.
In addition, the crimes of narcotics were committed to escape C.
In light of this, it seems that the criminal awareness of the defendant about narcotics-related crimes is weak, and the possibility of recidivism is also reasonable, and there is a need to punish the defendant as a sentence.
However, when the defendant is in a trial, he recognizes all crimes and reflects them.
The defendant only administered one penphones and distributed narcotics.
It is judged that the intention to escape C is due to personal friendly relationship.
As seen earlier, there is a need to punish narcotics crimes in order to eradicate them. However, in determining the specific sentence, the specific criminal liability for the instant crime, the scope of recommending punishment according to the sentencing guidelines, equity between similar cases, etc. shall be considered.
In addition, in full view of all the sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the defendant's appeal of this case is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is one of the main points of evidence.