마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
80,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant had already been punished three times as a result of the crime of narcotics, and the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act on February 13, 2015, and was sentenced to one year for a repeated crime on February 13, 2015, and only one month after release from the crime of this case was committed (the crime committed during the repeated crime period due to the same kind of crime, and the repeated crime period due to the same crime). In view of the reaction of “training,” it seems that the degree of addiction to the Defendant’s philopopon seems that the degree of the crime of this case is not easy, and that there is a need to strictly punish and eradicate the crimes of narcotics in light of the addiction to narcotics and the harmful effects from the medication of narcotics, but it is determined that the Defendant actively led the Defendant to voluntary accompanying of the police officers dispatched to their family after the medication of narcotics on November 7, 2015, and that there is any other favorable motive for the Defendant to commit the crime of this case, such as the Defendant’s society’s motive and information.
3. In conclusion, 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 with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.