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.
10,000 won shall be collected from the defendant.
Summary of Grounds for Appeal
The sentence of the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
In full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence of the lower court seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, on the ground that it appears that the Defendant appears to be somewhat unreasonable, considering the following factors: (a) the Defendant committed the crime of this case during the period of repeated crime of the same kind; (b) the Defendant led to confession and reflect on the crime of this case; (c) the Defendant’s amount of penphonephones received or administered at the time of this case is relatively small; (d) the Defendant actively cooperates with the investigative agency at the lower court and the lower court; and (e) the Defendant’
In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. 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) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;