마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The abstract of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, confiscation and additional collection 400,000 won) shall be excessively unreasonable;
(2) The Defendant, on the first day of the trial of the first instance, stated the grounds for appeal of this case as “marbly unfair.” On November 20, 2015, the Defendant stated that it was erroneous to indicate the “legal scenario” in the statement of grounds for appeal as of November 20, 2015. 2. The Defendant’s crime of this case committed by the Defendant was found to be disadvantageous to the Defendant, such as the following: (a) the crime of this case was committed on the following grounds: (b) three occasions of phone medication, possession, marijuana smoking, possession, etc.; (c) in light of the frequency, contents, method, etc. of the crime; and (d) the amount of narcotics handled by the Defendant, etc., and
However, when the defendant led to his confession of the crime of this case and made a statement that his mistake is in depth, it is hard to treat the drug addiction in the future, the seizure of a considerable amount of penphones and marijuana, the family members of the defendant actively wishing to take care of his wife while actively leading the defendant to the defendant, the family members of the defendant actively wanting to take care of his wife, there is no criminal record of narcotics, and there is only one time before and after the fine due to the crime of this case, and the defendant seems to have sufficient opportunity of reflection through his prison life for about four months. Considering all other various circumstances, the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, criminal records, criminal records, circumstances after the crime, family relations, health conditions, etc., the defendant's assertion that the punishment imposed by the court below is inappropriate because it is somewhat inappropriate to maintain it as it is.
3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.