마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor for eight months for each crime set forth in the judgment of the second instance.
1. The summary of the grounds for appeal is that each sentence (the first instance court: imprisonment with prison labor and the collection of 100,000 won, the second instance court: imprisonment with prison labor for a year and 100,000 won, and the collection of 650,000 won) declared by the lower court is too unreasonable.
2. Determination
A. The judgment of the court below of first instance is in depth and is contrary to the defendant's mistake, and even though the fact that the defendant agreed with the victims of the crime of causing the destruction of and damage to personal belongings in each dangerous article as stated in the judgment of the court below is recognized, the crime of violation of the Act on the Control of Narcotics, etc., which the defendant committed is a serious crime detrimental to the social and national soundness due to the toxicity of narcotics, and there is a significant need to strictly punish it. The defendant has already been punished for the same kind of crime, and the defendant has committed each crime again during the period of repeated crime due to the crime of violation of the Act on the Control of Narcotics, etc., and the defendant committed each crime in the judgment of the court of first instance during the period of repeated crime due to the crime of violation of the Act on the Control of Narcotics, etc., and other various circumstances which are the sentencing conditions as shown in the records such as the motive and background, circumstance before and after the crime, the defendant's age, character and behavior, environment, occupation and family relationship, etc., the
B. The crime of violation of the Act on the Control of Narcotics, Etc., committed by the Defendant prior to the judgment of the court below, as seen in the judgment of the court below, is a serious crime detrimental to the social and national soundness due to narcotics and marijuana toxicity, and there is a great need to strictly punish it, and the Defendant again commits each crime in the second instance judgment during the period of repeated crime due to the same kind of crime, but the Defendant's each crime in the judgment of the court below in the second instance is deemed to have been committed, but each crime in the judgment of the court below in the second instance constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with