마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
2,700,000 won shall be additionally collected from the defendant.
1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment and 2.7 million won of collection) is too unreasonable.
2. The judgment-related crime is a serious criminal with great social harm and risk of repeating a crime, each of the crimes of this case is committed during the period of repeated crime with regard to the same criminal act, and the defendant has five times of punishment for the same criminal act (four times of imprisonment and one fine), and considering the circumstances unfavorable to the defendant, a sentence of sentence against the defendant is inevitable.
However, in full view of the fact that the documents submitted by the defendant in cooperation with the investigation into narcotics in the trial, the fact that the defendant has a family to support the defendant, the fact that the defendant is against his mistake, etc., the court below's punishment is somewhat inappropriate in light of the following circumstances: the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records in this case.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Imprisonment with prison labor, as set forth in Article 60 (1) 2, Articles 4 (1) and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., and Selection of Punishment for Crimes;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Article 67 of the Act on the Management of Narcotics, etc. for Collection.