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 eight months.
No. 1 of the seized evidence shall be charged to the defendant.
1. The sentencing of the court below (two years of imprisonment) is too unreasonable.
2. The judgment of the court below was made in light of the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and environment, etc., and the various circumstances that form the conditions of the sentencing as shown in the records and arguments are considered to be somewhat inappropriate in light of the court below's sentencing, even though the defendant was under the suspension of the execution due to the crime of narcotics-related crimes, the defendant committed the crime of delivery and medication of the instant phiphone. In particular, the court below's sentencing is somewhat inappropriate in light of the following circumstances: (a) the correctional officer or the defendant was not aware of the fact that the defendant was under the custody of the detention house due to the issuance and medication of the phiphonephones; (b) the defendant deposited 2 million won to the injured victim at the time of the trial; and (c) he made efforts to recover the damage by compensating the damaged public goods.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the points of administering and delivering a scoponon), Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The main sentence of Article 67 of the Act on the Control of Narcotics;
1. The market price for medication and delivery once as stated in the proviso to Article 67 of the Act on the Control of Narcotics, etc.; and