마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1, 2, and 3 of seized evidence from the defendant.
1. The sentence imposed by the lower court (one year of imprisonment, confiscation, and collection KRW 900,00) on the summary of the grounds for appeal is too unreasonable.
2. Each of the crimes in this case, each of the crimes in this case, which the Defendant purchased phiphones on three occasions, is relatively high in the number of times of the crime.
Although the Defendant had been sentenced to a suspended sentence of imprisonment twice for crimes related to narcotics, the Defendant committed each of the crimes in this case.
The high toxicity of narcotics-related crimes requires strict punishment for the cancellation of crimes on the society as well as the criminals due to high toxicity.
This is disadvantageous to the defendant.
However, the defendant recognized each of the crimes of this case, against himself, and will not further repeat the crime.
There are many things.
The defendant seems to have purchased philophones for the purpose of medication simply.
The judgment below
After the sentence, a certificate of cooperation with investigation was submitted that the defendant actively cooperates in the investigation of narcotics crimes by investigation agencies.
In addition, in full view of the defendant's age, sex, environment, motive, means, and consequence of the crime, conditions shown in the argument of this case, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee applicable to this case, the punishment of 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, as the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Management of Narcotics, Etc. (the purchase and medication of phiphonephones, and the choice of imprisonment with prison labor) for facts constituting an offense.