마약류관리에관한법률위반(향정)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below imposed on the defendant (two months of imprisonment, confiscation, and collection) is too unreasonable.
2. The crime of this case, which is determined, is a situation unfavorable to the defendant, that the defendant administered 0.03 g of psychotropic drugs, and possessed 0.52 g of Mepta, and the defendant has been punished for the same crime even after the lapse of time, and there is a history of punishment for the same crime, and narcotics-related crimes need to be strictly punished as a serious crime with severe social harm and danger of recidivism.
However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) cooperation in the investigation of other narcotics-related crimes; (c) the Defendant submitted the above investigation cooperation data in the trial; and (d) the result of the application of the sentencing guidelines by the Sentencing Commission (the scope of recommendations on the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") from 1 to 3 years; (b) the Defendant’s age, character, character, environment, circumstances, means and consequence of the crime; and (c) other various circumstances, which are the conditions of sentencing specified in the instant records and arguments, such as the circumstances after the crime, are somewhat unreasonable.
3. If so, 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 the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Article 36 of the Act on the Punishment of Criminal Crimes
Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment, respectively.
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act Article 62(1) of the Criminal Act provides a suspended sentence of Article 62(1).