마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The seized penphones 5.82g (No. 1), used.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant had been punished several times for the same crime prior to the instant crime, and, in particular, the Defendant was sentenced to one year of imprisonment for the violation of the Act on the Control of Narcotics, Etc. on February 23, 2012, which was prior to the instant crime, and the execution of the sentence was completed on December 12, 2012, again committed the instant crime again during the period of repeated crime despite the completion of the sentence, and the instant crime includes not only the instant crime of phiphone medication, but also the instant crime of purchase and possession of phiphonephones, it is necessary to strictly punish the Defendant.
However, in light of various circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance after the crime, and circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable, in view of the following circumstances: (a) the Defendant made a confession of all the instant crimes from the investigative agency to this court; (b) the Defendant informed the person who committed narcotics-related crimes to the investigative agency to cooperate in the criminal investigation; and (c) the Defendant cooperates with the criminal investigation; and (d) other various circumstances that are conditions
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns 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 and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the purchase of phiphones, the provision of medication and possession of phiphones, and the selection of imprisonment with prison labor) concerning the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 37 of the Criminal Code among concurrent crimes.