마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
110,000 won shall be additionally collected from the defendant.
1. The sentencing of the court below (one year of imprisonment, 1100,000 won of additional collection) is too unreasonable.
2. Taking into account the following circumstances: (a) the Defendant’s confession and reply to a crime; (b) long-term (2003) has no record of punishment for the same kind of crime except once a suspended sentence of the former (2003); (c) the response to the voice of philopon has occurred as a result of the Maternal Evaluation; and (d) there are family members to support, such as the mother and his/her father, and has strong will to guide the family; (b) the Defendant’s sentence imposed by the lower court is deemed unreasonable; and
3. As the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court 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) 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 Punishment;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. The proviso to Article 67 of the Narcotics Control Act.