감금등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
evidence of seizure.
1. The sentencing of the court below (one year of imprisonment, confiscation and collection 200,000 won) is too unreasonable.
2. It is recognized that the defendant has been punished by imprisonment, suspension of execution and fine several times due to the same kind of crime, etc.
However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses, thereby infringing on the Defendant’s mistake in depth; (b) the Defendant appears to have been sentenced to imprisonment for a considerable period of time on or around 2006 by committing a violation of the Act on the Control of Narcotics, Etc.; and (c) the Defendant again seems to not have committed a crime related to narcotics; and (d) the Defendant has to refrain from committing a crime related to narcotics; and (e) other circumstances that are conditions of sentencing, such as the Defendant’s age, character, character, character, intelligence and environment, motive, background, means, method, method, and consequence of the instant offense; and (e) the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s assertion of unfair
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, 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 as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1 and 2, and Article 4 (1) 3 (b) of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
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, Etc. and Article 48 (1) 1 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;