마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Nos. 1, 2, 5 through 28 of seized evidence.
Summary of Grounds for Appeal
The punishment of the lower court (one year and six months of imprisonment, confiscation, additional collection 202,00 won) is too unreasonable.
2. The crime of this case is found to be committed by the Defendant by inserting about 0.1g of marijuana at the same place after the Defendant has broken off one cigarette and smoked in a way that makes it difficult to do so, by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine, administering them in a way that psychotropic drugs are injected into the left arms after being melting one, and giving approximately 0.03g of philopon free of charge to D, and possessing approximately 6.52g of philopon. In particular, it is recognized that the Defendant had been disadvantageous to the Defendant, such as continuing to commit narcotics even though having recently committed several criminal offenses of the same kind, and that the Defendant again committed the crime of this case during the period of repeated crimes of the same kind.
However, in light of the fact that the Defendant recognized the instant crime, and the Defendant and his wife were in conflict with the narcotics investigation, and that the Defendant could arrest two persons who administered phiphones in cooperation (the Defendant filed an inquiry of fact at the time of the trial, and the circumstances were revealed) and other circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive for committing the instant crime, and circumstances after committing the crime, are considered, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
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 and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The application of legislation;