마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
Nos. 9 and 9 of the seized evidence.
1. The sentence of the lower court (two years and two months of imprisonment, confiscation, and collection) in the grounds of appeal is too unreasonable.
2. Although the Defendant had had had a record of having already been punished several times for the same type of crime (two times of imprisonment and two times of suspended sentence of imprisonment), the Defendant committed each of the instant crimes during the period of repeated crime resulting from the same criminal record. In light of the frequency and repetition of the crimes, and the degree of harm and injury to narcotics crimes, such crimes are more serious.
On the other hand, the defendant strongly expressed his intention of short-term drugs while against his mistake, and cooperate with the investigation agency to arrest other narcotics-related offenders.
In addition, considering the sentencing factors indicated in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. (No sentence of confiscation may be made on such articles shall be made because the whole quantity of evidence attached is consumed for appraisal, etc.);
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Additional Imposition 750,000 = 650,000 won for sale (in cases of credit sale on October 2019, 300,000 won for ordinary transaction price shall be calculated as additional collection amount.