마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
47,500,000 won shall be additionally collected from the defendant.
Summary of Grounds for Appeal
The sentencing of the lower court (two years of imprisonment, additional collection) is too unreasonable.
Judgment
In light of the circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of this case, although he had been subject to criminal punishment five times prior to the crime of this case, he committed the crime of this case, even though the amount of the philopon handled by the defendant reaches approximately 250g, and even before the crime of this case, he committed the crime of this case. However, the defendant's confessions all of the crime of this case, the defendant's leakage and Matrimonial engagement, etc. wanting the philopon, and the defendant himself not to deal with the philopon, cooperates with informing and arresting the surrounding narcotics of the location of the philopon, and arrested the philopon, and seized the philopon, and contributed to the prevention of proliferation of narcotics by taking into account the motive and circumstances of the crime of this case, the defendant's age after the crime of this case, the records and circumstances, the circumstances of the defendant's personality and behavior, and various conditions of sentencing as unfair.
Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts and the selection of a sentence, respectively.