마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
No. 1 of the seized evidence shall be charged to the defendant.
1. Even though the defendant was punished several times for the same kind of crime, the fact that the defendant again committed each of the crimes in this case during the period of repeated crime is a condition for sentencing unfavorable to the defendant.
However, in light of the fact that the defendant's mistake and cooperates in the investigation of the arrest of a narcotics offender while intending to repenting narcotics, the sentence of the court below (one year and six months of imprisonment, confiscation, collection) is unreasonable.
2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they shall be 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 the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for
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 Narcotics Control Act;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;