마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (additional collection of KRW 1 year and 2,518,000) is too unreasonable.
2. The fact that the defendant purchases a phiphonephone and administered it substantially is not that the nature of the crime is minor.
However, considering the fact that the defendant has no history of punishment for the same kind of crime, that the defendant voluntarily surrendered to an investigation agency while intending to stop phiphones, and that there was a voice response to phiphones as a result of the hair and urine examination, that the defendant has been detained for more than four months, that the defendant has an opportunity to reflect, and that the defendant's spouse is leading the defendant, the punishment imposed by the court below is somewhat unreasonable.
3. Accordingly, 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 well-grounded, and the following is ruled again.
Criminal facts
The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning the relevant criminal facts and the selection of punishment for each of them;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes committed by concurrent crimes prescribed in the Act on the Control of Narcotics, etc. due to the receipt of 0.16 galphones from Haman on February 2, 2012, which is the most severe crime and criminal administration] among concurrent crimes;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;