마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
1,000,000 won shall be collected from the defendant.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and six months of imprisonment, and additional collection) is too unreasonable.
2. The judgment has a record of five times of punishment (four times of imprisonment, four times of suspended execution) for the same crime; the defendant was sentenced to imprisonment for the same kind of crime (one year and six months of imprisonment); the defendant committed each of the crimes of this case during the period of repeated crime without being aware of the existence of shotphones; and the defendant's scopphones were detected from scopphones and scopphones; although there are unfavorable circumstances such as the confessions and reflects all of the crimes of this case; the defendant committed each of the crimes of this case; the defendant cooperates with the investigation into the arrest of narcotics-related criminals; the defendant expressed scopphones; the extent of the recommended sentence [basic crimes and 1, two times of suspended execution] for each of the crimes of this case; the scope of the recommended sentence of the Supreme Court on the sentencing guidelines for each of the crimes of this case - the punishment of this case - the previous and aggravated factors - the previous area - the number of years and three years of imprisonment with prison labor for each of this case; the following three years and three (3) years of imprisonment.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the reasoning of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act on the Control of Narcotics, etc. as well as the Selection of Punishment for Criminal Facts;