마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence subparagraph 1 shall be confiscated.
1. Determination of the summary of the grounds for appeal (unfair punishment for one year and six months, confiscation, and collection of penalty) is unreasonable;
2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing criteria (one year to three years of imprisonment).
However, if we review the sentencing factors, such as the method of crime, criminal records, investigation and trial, the attitude of the defendant and similar cases, etc., it is recognized that the sentencing of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 concerning the facts constituting an offense, and Articles 2 and 2 and 3 (b) of the Act on the Selection of Narcotics, etc.;
1. Article 35 of the Criminal Act among repeated crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;