마약류관리에관한법률위반(향정)등
The judgment below
The penalty collection portion shall be reversed.
289,000 won shall be additionally collected from the defendant.
The remainder of the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable that the sentence of imprisonment (one year, confiscation, collection of additional collection of 295,00 won) imposed by the court below is too unreasonable.
2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflected his mistake, and that there is no record of criminal punishment for the crime related to phiphonephones.
However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., it is necessary to strictly punish narcotics and eradicate them. The Defendant has the history of having been sentenced to the suspension of the execution of imprisonment for the crime of smoking marijuana in the past; the Defendant repeatedly smokeed and received marijuana and led to several times of opulon medication for more than one year and six months; and the results of the copon and the copon’s evaluation are all “training” reaction, it seems that the degree of addiction to the Defendant’s narcotics seems that the degree of addiction to the Defendant’s narcotics seems not to be negligible; the equity of sentencing with the same and similar cases; the Defendant’s age, sex behavior; the motive and means of the instant crime; the consequence of the instant crime; and the circumstances after the crime, etc., it does not seem unfair for the lower court’s punishment to be too unreasonable.
3. Ex officio determination on the collection portion
A. The lower court found the Defendant guilty of all the criminal facts as indicated in the lower judgment, and collected 295,000 won in aggregate calculated by the following methods pursuant to the proviso to Article 67 of the Narcotics Control Act (the sentence of the lower judgment does not explicitly indicate the grounds for calculating the amount of additional collection, but it is presumed that the amount of additional collection is calculated as follows in consideration of the specific content of the criminal facts of this case, the purchase price for marijuana and philopon per unit, and the total amount of additional collection imposed by the lower court). The amount of additional collection of the criminal facts as indicated in the lower judgment (2017 higher group 2763/100).