마약류관리에관한법률위반(향정)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
from the defendant.
1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.
2. Circumstances unfavorable to judgment: The Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on December 7, 2016, on the grounds of a violation of the Narcotics Control Act on November 29, 2016, and was sentenced to two years of suspended sentence on October, 2016.
The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.
In the first instance, a public fact certificate was submitted to the Ulsan District Police Agency's National Police Agency that the defendant cooperates in the investigation such as informing of the upper party during the investigation process.
The defendant shall not have any other criminal records except the criminal records before the suspension of execution.
In full view of the aforementioned unfavorable circumstances, including the Defendant’s age, character and character environment, the motive and consequence of the Defendant’s crime, the circumstances after the crime, etc., and all the sentencing conditions indicated in the present arguments and records, the sentence imposed by the lower court is too unreasonable.
3. The part of the judgment below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.
【The reasoning of the judgment of the court below concerning the reversal part of the judgment below] Criminal facts and summary of evidence recognized by this court is identical to the relevant part of the judgment below as to the defendant, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);
1. A crime of violation of the Act on the Control of Narcotics, Etc. due to the administration of heavy silphones, Article 37 (former part), Article 38 (1) 2, and Article 50 (Crime of Violation of the Act on the Control of Narcotics, etc. due to the administration of heavy silphones) of the Criminal Act for the aggravated punishment