마약류관리에관한법률위반(향정)
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.
3.2
1. The reasoning for appeal (one year and four months of imprisonment) of the lower court is too unreasonable.
2. In full view of all the factors such as the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, sexual behavior, the motive for the crime, the frequency of the crime, the method of the crime, the circumstances after the crime, etc., should be taken into account; (b) the balance with the case where the judgment was rendered simultaneously with the crime of violation of the Act on the Control of Narcotics, etc., for which the judgment became final and conclusive; (c) the Defendant has no record of punishment other than the previous conviction; and (d) the fact that the crime of this case was committed again during the trial for the same kind of crime, which is not good to the quality of the crime; and (d) the response to the training of phiphones as a result of the evaluation of the urine s
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 reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;