마약류관리에관한법률위반(향정)등
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 summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too heavy (one year and two months of imprisonment and additional collection).
2. The judgment of the accused has three times the record of crimes related to narcotics, and committed each of the crimes in this case during the period of repeated crime.
However, the defendant led to the confession of the crime of unlicensed driving in the court below, and led to the conviction of philophone medication.
The defendant's crime of narcotics is a matter of simple medication.
After the sentence of the judgment of the court below, the defendant actively cooperated in the investigation by informing three drug offenders.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. (the fact of scopon medication, the choice of imprisonment), Article 152 subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the crimes specified for the violation of the Narcotics Control Act with heavy punishment)
1. The proviso to Article 67 of the Narcotics Control Act;