마약류관리에관한법률위반(향정)등
The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and four months of imprisonment, and four hundred thousand won of the surcharge) is too unreasonable.
2. The administration of narcotics is a serious crime that causes serious harm to society and the state’s soundness due to their toxicity, which requires punishment, is not sufficient to commit the crime of fraud of this case using the victims’ personal confidence, and the Defendant committed the crime of this case without being aware of the past having been sentenced to eight months of imprisonment due to fraud in 2002, and even if the amount of damage was not small, the damage was not recovered, and the Defendant was disadvantageous to the victim.
However, considering the fact that the defendant is divided into his crime through the life of custody of the amount of eight months for the defendant, the amount of narcotics administered by the defendant is relatively small, there is no record of the crime related to narcotics prior to the instant case, the contribution to arresting other narcotics offenders, the vehicle from among the vehicles purchased by installment loan in the case of fraud against the victim C is returned to the victim C (see, e.g., Supreme Court Decision 2014Da1076 case, 135 pages), the financial situation of the defendant is not good, there is a woman to support, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, and environment, even if considering the above unfavorable circumstances, the court below's punishment against the defendant is too unreasonable.
3. As such, the defendant's appeal is reasonable, and the remaining part of the judgment below excluding the compensation order portion among the judgment below is reversed and it is decided again through the pleading as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, as criminal facts of the defendant, and their implications.