마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Nos. 2 through 7 of seized evidence.
1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for one year and four months, the confiscation of evidence 2 to 7, the additional collection of KRW 620,000) is too unreasonable.
2. As in the instant case, narcotics crimes, such as the instant case, are disadvantageous to the Defendant, such as the fact that the risk of recidivism is high, that there is a need to strictly punish as a serious crime of social harm, and that there is a little amount of penphones handled by the Defendant.
On the other hand, the fact that the defendant reflects the mistake, that the defendant has no record of punishment except for the case of a fine due to drinking driving and one time, and that the defendant in cooperation with the narcotics investigation and arrested F and C is favorable to the defendant.
In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[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, subparagraph 3 (b) (the point of trade of phiphonephones) of Article 2, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of trade of phiphones) of the Act on the Control of Narcotics, Etc., Articles 60 (1) 2, 2 and subparagraph 3 (b) (the point of trade of phiphones) of the Act on the Control
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;
1. The proviso to Article 67 of the Narcotics Control Act;