마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, etc.) is too unreasonable.
2. In light of the fact that the defendant was punished as a crime of violation of the Act on the Control of Narcotics, etc. around 2003, and that he again committed the same kind of crime even though he had the record of punishment several times due to drinking driving or driving without a license, it is necessary to punish the defendant with severe punishment.
However, in light of various circumstances, such as the Defendant’s character, environment, age, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant made confession from the investigative agency to the investigation agency, and reflects his mistake; (b) the Defendant was sentenced to suspended execution once more than ten years prior to the same act of violation of the Act on the Control of Narcotics, etc.; and (c) the Defendant appears not to have committed the crime, such as medication of psychotropic drugs, etc. by the time the crime of this case was committed thereafter; and (d) the victim of the traffic accident of this case does not want the punishment of the Defendant; and (e) other various circumstances, such as character
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 criminal facts acknowledged by this court are those who had been sentenced to a fine of KRW 4,00,000 for the violation of the Road Traffic Act in the first head of the criminal facts set forth in the judgment of the court below, 2013Kadan2200 as stated in the judgment of the court below, in addition to being sentenced to a fine of KRW 2,00,000 for the same crime at the Busan District Court's Busan District Court's Branch on August 13, 2010. On November 24, 2010, in addition to being sentenced to a fine of KRW 2,00,000 for the same crime, the previous case is more than once.