마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the lower court (one year and eight months of imprisonment, and additional collection) on the summary of the grounds for appeal is too unreasonable.
2. In light of the toxicity of the judgment and the harmful effects of medication of narcotics, there is a need to strictly punish and eradicate the crime, and there is a need to properly punish the defendant who committed the crime of this case during the period of suspension of execution of the same kind of narcotics.
However, for the first time, the defendant does not commit the crime of this case while recognizing the crime of this case, and the records of punishment for narcotics crimes are only once.
In addition, the crime of this case is limited to the one-time medication of philophones, and the family members of the defendant want to repeat their wife against the defendant.
In light of the above circumstances and the defendant's age, living environment, family relations, criminal records, motive for committing a crime, circumstances after committing a crime, etc., the sentence sentenced by the court below is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. The sentence identical to the order shall be determined by taking into account all the circumstances in the grounds for reversal of the sentence under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.