마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
300,000 won shall be additionally collected from the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and one hundred thousand won of additional collection) is too unreasonable.
2. The judgment of the court below is unfair considering the following as a whole: the defendant has been punished several times for the same crime; the defendant administered phiphones by himself; the defendant not only administered phiphones by himself but also sold phiphones, and there are disadvantageous circumstances such as the fact that the defendant led to the confession of each crime of this case and reflects his wrongness; the scope of recommendation [basic crime: the violation of the Act on the Control of Narcotics, etc., by the Sale of phiphones; the concurrent crime: the violation of the Act on the Control of Narcotics, etc., by the sale and purchase of phiphones; the violation of the Act on the Control of Narcotics, etc., by the administration of phiphones; the violation of the Act on the Aggravated Punishment, etc., by the administration of phiphones: Imprisonment with prison labor for not less than one year but not more than two years; the punishment for multiple crimes; imprisonment with prison labor for not less than one year or three years and eight years); the defendant's age, character and behavior, environment, health conditions after the crime.
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 following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 1, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Penalties;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;