마약류관리에관한법률위반(향정)등
1. The judgment below is reversed.
2.(a)
A defendant shall be punished by imprisonment for not less than two years and six months.
provided that this ruling has become final and conclusive.
The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
Judgment
Narcotics-related crimes cause the degradation of individuals, homes, society, and human society as a whole, which are highly likely to be criticized in that they are social phenomenon beyond individual criminal acts.
The crime of this case is an import of lsD, which is a drug with the intention of selling it to another person, into the Republic of Korea and growth of marijuana, which is a drug with the intention of selling it to the other person, and its nature is not less than that of the crime.
These points are disadvantageous to the defendant.
However, the Defendant, while living under detention for a considerable period of time, recognized all of the crimes of this case.
lsD imported by the defendant is not a large amount of lsD, all of which was seized and not distributed in the market, and cultivated marijuana was limited to 2 weeks.
All of the results of urinal and Maternal Evaluation have caused a voice reaction to narcotics.
The defendant is still the 20th young age who has no criminal power, and his family members want to take measures while leading the defendant.
These points are favorable to the defendant.
In addition, when comprehensively considering the defendant's age, character, conduct and environment, social relation, means and result, circumstances after the crime, and conditions of various sentencing as shown in the records and arguments, it is deemed that the sentence against the defendant is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing on this point is justified.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.
【Reasons for the Judgment of the Supreme Court 【The Facts constituting a crime and the summary of the evidence recognized by the court 】 The summary of the facts constituting a crime and the summary of the evidence are the same as stated in each corresponding column of the judgment of the court below.