마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
The subordinate branch office of the Daegu District Public Prosecutor's Office that has been seized.
1. The Defendant and his defense counsel explicitly withdrawn the misapprehension of legal principles on the first trial date.
The sentence of the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.
2. In light of the addiction of the judged narcotics and the harm caused by administration of narcotics, etc., it is necessary to strictly punish and eradicate a person who commits a narcotics, and the accused may have the record of punishment for the narcotics crime.
However, if the defendant reflects his mistake in depth, the defendant's family members want not to repeat the defendant's wife against the defendant, the defendant's failure to repeat the crime, the defendant seems to have engaged in his occupation for a relatively long period of time, and the defendant's age, family relation (undecent children), health conditions, living environment, circumstances after the crime, equality with accomplices, etc. are considered comprehensively, the sentence imposed by the court below is unreasonable.
3. According to the 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 well-grounded, and the following is ruled again after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant 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
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 (1) 2, Article 60 (1) 2, Article 4 (1) 3 of the Act on the Selection and Management of Narcotics, Etc., Article 30 of the Criminal Act on the Management of Narcotics, etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 2 of the same Act on the crime, and the selection of punishment for imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Confiscation Article 48(1)1 of the Criminal Act and Article 67 of the Narcotics Control Act.