마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
A divers (No. 1) that have been seized.
1. The sentence imposed by the lower court (one year of imprisonment, confiscation, and collection) is too unreasonable.
2. Notwithstanding the grounds for sentencing unfavorable to the Defendant, the lower court’s determination on the Defendant’s assertion of unfair sentencing, considering the following factors: (a) the Defendant recognized the instant crime and would not repeat the crime again; (b) the Defendant actively provided information on the administration of phiphonephones to an investigative agency as well as actively cooperate with the arrest of accomplices; (c) the lower court and the lower court submitted the public confirmation of the aforementioned details to an investigative agency; and (c) the Defendant was physically disabled persons of Grade III, who were immediately disabled persons of Grade III, from August 2014 to February 2016, which was immediately detained by the instant case, there is a need to reduce the Defendant’s punishment by somewhat unafforesting.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is 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 Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;