마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.
2. On November 15, 2012, when considering the fact that the Defendant was sentenced to six times a sentence for the same crime and one fine, and in particular, on November 15, 2012, the Busan District Court sentenced one year to a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on April 29, 2013, the Defendant committed the instant crime again during the repeated crime period, and the crime related to narcotics is highly likely to cause severe social harm due to toxicity of narcotics, etc. and to harm to the health and social safety of the people, and thus, considering the fact that the penalty is necessary, it is necessary to hold the Defendant liable with strict responsibility corresponding thereto.
However, in full view of the fact that the defendant led to the crime of this case and reflects his mistake, that it appears that he actively cooperated in the investigation of relevant narcotics cases, such as giving and receiving the Mepta, giving and receiving the Mepta, or informing an investigation agency of a large quantity of persons who have administered or held a large quantity of the crimes, and that the state of health is not good due to chronic hepatitis, etc., and other various sentencing conditions shown in the arguments of this case, such as equity in sentencing with the like and similar cases, the age and character of the defendant, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is deemed that the sentence imposed by the court below is inappropriate
Therefore, the defendant's above assertion is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.