마약류관리에관한법률위반(향정)
1. The part of the judgment of the court below against Defendant A is reversed.
2. The defendant A shall be punished by imprisonment with prison labor for one year and six months;
3...
1. The summary of the grounds for appeal (unfair sentencing each of the sentencing) of the lower court’s punishment (one year and one year and two months in imprisonment, and one year and two months in imprisonment) is too unreasonable.
2. Determination
A. The Defendant A’s criminal history of the same kind of crime exceeds 10 times (including 7 times the actual punishment) and even when the repeated crime was committed after having been sentenced to imprisonment for the same kind of crime, the risk of repeating the crime of this case is very high because each of the crimes of this case was repeatedly committed, and the receipt of the Defendant’s penphones, the frequency of medication, or quantity is less than 10 times.
It is difficult to see narcotics crimes, and the possibility of linking them to other crimes is very high to the society, and therefore, it is disadvantageous to the disadvantage that requires strict punishment.
However, all of the crimes in this case are led to confession and reflect, and that the defendant will live faithfully without re-offending.
In addition, the fact that the defendant actively cooperates in the narcotics investigation (in particular, it is confirmed that he has contributed to the arrest of the narcotics seller after the decision of the court below) is favorable.
In addition, comprehensively taking account of the motive and background of the instant crime, means and methods, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, sex, career, and environment, the lower court’s punishment is somewhat unreasonable.
B. Defendant B did not repeat the crime of this case by making a confession and reflect on all the crime of this case.
It is advantageous to the fact that the situation is different.
However, the defendant has the same criminal history four times (including one actual sentence), and the defendant's imprisonment with prison labor for the same kind of crime is not very good and has high risk of repeating the crime of this case within a short period (12 days) after repeatedly committing the crime of this case, and the possibility of linking narcotics with other crimes is very high, so it is necessary to punish the crime of this case.