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.
The seizure of articles 1 through 12, respectively.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is determined by the Defendant’s possession of approximately 2.281g of the remaining phiphones after the Defendant issued phiphones to D three times and administered phiphones three times.
In light of the addiction of narcotics and the harm caused by medication, etc. as a result of the suspected case, it is necessary to strictly punish and eradicate narcotics crimes. In particular, the delivery of narcotics, such as this case, requires more strict punishment to spread and distribute narcotics by omitting others into the addiction of narcotics, the amount of penphones handled by the defendant, and the defendant has the records of criminal punishment two times due to the same crime, and in particular, on August 21, 2014, he has been sentenced one year and two months for the same crime, and committed the crime in this case while the execution of the punishment is completed, and there is no other unfavorable circumstances such as the fact that the defendant committed the crime in this case while leading to a repeated crime. However, the defendant is against D's mistake while leading to the crime in this case, the execution of the crime in this case seems to have been provided at D's request, most of the phones handled by the defendant is confiscated to an investigative agency, the amount of the penphonephones handled by the defendant is not large, and there is a record of criminal punishment in this case.
The types of recommendations for basic crimes, basic crimes, and concurrent crimes (aggravated area, aggravated factors - previous ones for not more than three years): Imprisonment with prison labor for one year and six months to four years, and the scope of final recommendations for multiple concurrent crimes: imprisonment for a period of one year and six months to seven years: the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc. shall be included in the records and arguments of this case.