마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
3.2
1. The sentence imposed by the court below on the defendant (one year of imprisonment, additional collection of one hundred thousand won) is too unreasonable.
2. On May 13, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Ulsan District Court on May 13, 2015, and on August 9, 2016, committed the instant crime even during the period of repeated offense after the enforcement of the sentence was completed, and the narcotics crime is highly harmful to society due to toxicity.
However, the circumstances are favorable to the defendant, such as the fact that the defendant led to the crime of this case, recognized his mistake and reflected in the fact that the crime of this case was committed by the simple medication once, that the family members of the defendant complained of his wife and the correction of the defendant, that the defendant actively cooperatedd in the arrest of other narcotics criminals, and that the investigation report by the Busan Busan Police Station that submitted to the trial of the defendant was submitted in favor of the defendant.
In addition, when comprehensively taking account of the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence thereof, circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The criminal facts recognized by this court and the summary of the evidence are all the same as the entries of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Management of narcotics, etc. additionally collected;