마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.
2. In full view of all the sentencing conditions stated in the records and arguments of this case, including the following facts: (a) the medication of narcotics is a serious crime detrimental to the social and national soundness due to its toxicity, which is highly likely to be subject to punishment; (b) the Defendant has no criminal record of the same kind; (c) the Defendant has led to the fact that the Defendant had no criminal record of the same kind; and (d) the Defendant appears to have led to the entire confession and reflect of all the crimes; and (e) the volume of narcotics traded by the Defendant has a large volume; and (e) whether
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);
1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;