마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
5,200,000 won shall be additionally collected from the defendant.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years and six months of imprisonment, and additional collection) is too unreasonable.
2. The fact that the amount (total 12.85g) or frequency of penphones handled by the Defendant in the course of the instant crime is not significant, and that the Defendant does not know even though he is a repeated offender due to the same kind of crime, and that the Defendant’s liability for committing the crime is not less minor, is a condition for sentencing disadvantageous to the Defendant.
However, in full view of the fact that the defendant's mistake seems to have been divided and reflected in the past time in the trial, the defendant seems to have difficulties in prison life due to the age of 64 years and the lack of health conditions due to pulmonary cancer surgery, etc., and all of the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
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. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201): Sale of Handphones as indicated in the judgment of the court below: Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Narcotics Control Act
1. Selection of each sentence of imprisonment;
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 proviso to Article 67 of the Narcotics Control Act;