마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 3 and 4 of seized evidence shall be charged to the defendant respectively.
1. As to the Defendant’s assertion of unfair sentencing, the Defendant had a career of having been punished three times due to the same kind of crime, and the Defendant committed the instant crime during the period of repeated crime for the same kind of crime is an unfavorable sentencing condition against the Defendant.
However, considering the fact that the defendant expressed his intention not to repeat the crime again and actively cooperates in the investigation of narcotics, the sentence of the court below (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.
2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for
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 main sentence of Article 67 of the Act on the Control of Narcotics;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;