마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
60,000 won shall be additionally collected from the defendant.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the defendant committed the instant crime again during the period of repeated crime even though he/she had a criminal record of the same kind, strict punishment against the defendant is necessary.
However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the defendant's above assertion is justified, since the defendant's punishment is too too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (which means purchase of phiphones and administration of phiphones), Articles 152 subparag. 1 and 43 of the Road Traffic Act, and choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;