마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and three months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We also examine each of the alleged sentencing of the defendant and the prosecutor.
The crime of this case was committed by the defendant, while the defendant administered phiphonephones, damaged another person's property under the influence of the medication, injured the police officers who received the report and called out, and damaged the public property within the police station, and the nature of the crime is very poor.
In the instant crime, there is a need to strictly punish the harmful effects of the drug crime on the general public beyond the medication himself/herself.
Considering the detection of philopon ingredients from the defendant's hair, the degree of addiction is not weak, so it is necessary to isolate from society for a certain period of time.
There was no agreement with the damaged police officers.
However, the defendant has made a confession of all the crimes of this case in the trial, and his mistake has been pened in depth.
The defendant had performed a simple administration of philophones upon the solicitation of the surrounding philophones, and the crime other than narcotics is deemed to have been committed because he did not suppress himself while taking the philophones.
The victim of the crime of damage to property was originally agreed with by the defendant, and the defendant's references replaced the glass damaged by the police station to partly recover the damage caused by the crime of damage to public property.
Although the defendant has been subject to juvenile protective disposition several times, there is no record of criminal punishment until now.
There is a short-term drug.
In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below is too unreasonable.
3. If so, the defendant's appeal is reasonable.